[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4348 Enrolled Bill (ENR)]
H.R.4348
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Moving Ahead for
Progress in the 21st Century Act'' or the ``MAP-21''.
(b) Divisions.--This Act is organized into 8 divisions as follows:
(1) Division A-Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B-Public Transportation.
(3) Division C-Transportation Safety and Surface Transportation
Policy.
(4) Division D-Finance.
(5) Division E-Research and Education.
(6) Division F-Miscellaneous.
(7) Division G-Surface Transportation Extension.
(8) Division H-Budgetary Effects.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; organization of Act into divisions; table of
contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National Highway System.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Surface transportation program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection
standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight policy.
Sec. 1116. Prioritization of projects to improve freight movement.
Sec. 1117. State freight advisory committees.
Sec. 1118. State freight plans.
Sec. 1119. Federal lands and tribal transportation programs.
Sec. 1120. Projects of national and regional significance.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Transportation alternatives.
Sec. 1123. Tribal high priority projects program.
Subtitle B--Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals and performance management measures.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Declaration of policy and project delivery initiative.
Sec. 1302. Advance acquisition of real property interests.
Sec. 1303. Letting of contracts.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Accelerated decisionmaking.
Sec. 1307. Assistance to affected Federal and State agencies.
Sec. 1308. Limitations on claims.
Sec. 1309. Accelerating completion of complex projects within 4 years.
Sec. 1310. Integration of planning and environmental review.
Sec. 1311. Development of programmatic mitigation plans.
Sec. 1312. State assumption of responsibility for categorical
exclusions.
Sec. 1313. Surface transportation project delivery program.
Sec. 1314. Application of categorical exclusions for multimodal
projects.
Sec. 1315. Categorical exclusions in emergencies.
Sec. 1316. Categorical exclusions for projects within the right-of-way.
Sec. 1317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1318. Programmatic agreements and additional categorical
exclusions.
Sec. 1319. Accelerated decisionmaking in environmental reviews.
Sec. 1320. Memoranda of agency agreements for early coordination.
Sec. 1321. Environmental procedures initiative.
Sec. 1322. Review of State environmental reviews and approvals for the
purpose of eliminating duplication of environmental reviews.
Sec. 1323. Review of Federal project and program delivery.
Subtitle D--Highway Safety
Sec. 1401. Jason's law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E--Miscellaneous
Sec. 1501. Real-time ridesharing.
Sec. 1502. Program efficiencies.
Sec. 1503. Project approval and oversight.
Sec. 1504. Standards.
Sec. 1505. Justification reports for access points on the Interstate
System.
Sec. 1506. Construction.
Sec. 1507. Maintenance.
Sec. 1508. Federal share payable.
Sec. 1509. Transferability of Federal-aid highway funds.
Sec. 1510. Idle reduction technology.
Sec. 1511. Special permits during periods of national emergency.
Sec. 1512. Tolling.
Sec. 1513. Miscellaneous parking amendments.
Sec. 1514. HOV facilities.
Sec. 1515. Funding flexibility for transportation emergencies.
Sec. 1516. Defense access road program enhancements to address
transportation infrastructure in the vicinity of military
installations.
Sec. 1517. Mapping.
Sec. 1518. Buy America provisions.
Sec. 1519. Consolidation of programs; repeal of obsolete provisions.
Sec. 1520. Denali Commission.
Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 amendments.
Sec. 1522. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1523. Use of debris from demolished bridges and overpasses.
Sec. 1524. Use of youth service and conservation corps.
Sec. 1525. State autonomy for culvert pipe selection.
Sec. 1526. Evacuation routes.
Sec. 1527. Consolidation of grants.
Sec. 1528. Appalachian development highway system.
Sec. 1529. Engineering judgment.
Sec. 1530. Transportation training and employment programs.
Sec. 1531. Notice of certain grant awards.
Sec. 1532. Budget justification.
Sec. 1533. Prohibition on use of funds for automated traffic
enforcement.
Sec. 1534. Public-private partnerships.
Sec. 1535. Report on Highway Trust Fund expenditures.
Sec. 1536. Sense of Congress on harbor maintenance.
Sec. 1537. Estimate of harbor maintenance needs.
Sec. 1538. Asian carp.
Sec. 1539. Rest areas.
Subtitle F--Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic
recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology program.
Sec. 1605. Centers of excellence research grants.
Sec. 1606. Effect.
Sec. 1607. Restoration and protection activity limitations.
Sec. 1608. Inspector General.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
DIVISION B--PUBLIC TRANSPORTATION
Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies and purposes.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Urbanized area formula grants.
Sec. 20008. Fixed guideway capital investment grants.
Sec. 20009. Mobility of seniors and individuals with disabilities.
Sec. 20010. Formula grants for rural areas.
Sec. 20011. Research, development, demonstration, and deployment
projects.
Sec. 20012. Technical assistance and standards development.
Sec. 20013. Private sector participation.
Sec. 20014. Bus testing facilities.
Sec. 20015. Human resources and training.
Sec. 20016. General provisions.
Sec. 20017. Public Transportation Emergency Relief Program.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Administrative provisions.
Sec. 20025. National transit database.
Sec. 20026. Apportionment of appropriations for formula grants.
Sec. 20027. State of good repair grants.
Sec. 20028. Authorizations.
Sec. 20029. Bus and bus facilities formula grants.
Sec. 20030. Technical and conforming amendments.
DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012
Sec. 31001. Short title.
Sec. 31002. Definition.
Subtitle A--Highway Safety
Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. National priority safety programs.
Sec. 31106. High visibility enforcement program.
Sec. 31107. Agency accountability.
Sec. 31108. Emergency medical services.
Sec. 31109. Repeal of programs.
Subtitle B--Enhanced Safety Authorities
Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.
Subtitle C--Transparency and Accountability
Sec. 31301. Public availability of recall information.
Sec. 31302. National Highway Traffic Safety Administration outreach to
manufacturer, dealer, and mechanic personnel.
Sec. 31303. Public availability of communications to dealers.
Sec. 31304. Corporate responsibility for National Highway Traffic Safety
Administration reports.
Sec. 31305. Passenger motor vehicle information program.
Sec. 31306. Promotion of vehicle defect reporting.
Sec. 31307. Whistleblower protections for motor vehicle manufacturers,
part suppliers, and dealership employees.
Sec. 31308. Anti-revolving door.
Sec. 31309. Study of crash data collection.
Sec. 31310. Update means of providing notification; improving efficacy
of recalls.
Sec. 31311. Expanding choices of remedy available to manufacturers of
replacement equipment.
Sec. 31312. Recall obligations and bankruptcy of manufacturer.
Sec. 31313. Repeal of insurance reports and information provision.
Sec. 31314. Monroney sticker to permit additional safety rating
categories.
Subtitle D--Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics,
software, and engineering expertise.
Sec. 31402. Electronic systems performance.
Subtitle E--Child Safety Standards
Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.
TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A--Commercial Motor Vehicle Registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure
to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without
required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Subtitle B--Commercial Motor Vehicle Safety
Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity.
Sec. 32203. State reporting of foreign commercial driver convictions.
Sec. 32204. Authority to disqualify foreign commercial drivers.
Sec. 32205. Revocation of foreign motor carrier operating authority for
failure to pay civil penalties.
Sec. 32206. Rental truck accident study.
Subtitle C--Driver Safety
Sec. 32301. Hours of service study and electronic logging devices.
Sec. 32302. Driver medical qualifications.
Sec. 32303. Commercial driver's license notification system.
Sec. 32304. Commercial motor vehicle operator training.
Sec. 32305. Commercial driver's license program.
Sec. 32306. Commercial motor vehicle driver information systems.
Sec. 32307. Employer responsibilities.
Sec. 32308. Program to assist Veterans to acquire commercial driver's
licenses.
Subtitle D--Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators.
Subtitle E--Enforcement
Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Impoundment and immobilization of commercial motor vehicles
for imminent hazard.
Sec. 32505. Increased penalties for evasion of regulations.
Sec. 32506. Violations relating to commercial motor vehicle safety
regulation and operators.
Sec. 32507. Emergency disqualification for imminent hazard.
Sec. 32508. Disclosure to State and local law enforcement agencies.
Sec. 32509. Grade crossing safety regulations.
Subtitle F--Compliance, Safety, Accountability
Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management
program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver's license program
implementation.
Sec. 32605. Commercial vehicle information systems and networks.
Subtitle G--Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a
system of certification of training programs.
Sec. 32709. Commercial driver's license passenger endorsement
requirements.
Sec. 32710. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 32711. Regulations.
Subtitle H--Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit
laws.
Subtitle I--Miscellaneous
PART I--Miscellaneous
Sec. 32911. Prohibition of coercion.
Sec. 32912. Motor carrier safety advisory committee.
Sec. 32913. Waivers, exemptions, and pilot programs.
Sec. 32914. Registration requirements.
Sec. 32915. Additional motor carrier registration requirements.
Sec. 32916. Registration of freight forwarders and brokers.
Sec. 32917. Effective periods of registration.
Sec. 32918. Financial security of brokers and freight forwarders.
Sec. 32919. Unlawful brokerage activities.
PART II--Household Goods Transportation
Sec. 32921. Additional registration requirements for household goods
motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
PART III--Technical Amendments
Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
Sec. 32934. Exemptions from requirements for covered farm vehicles.
TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012
Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Hazardous material technical assessment, research and
development, and analysis program.
Sec. 33008. Hazardous Material Enforcement Training.
Sec. 33009. Inspections.
Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees.
Sec. 33012. Special permits, approvals, and exclusions.
Sec. 33013. Highway routing disclosures.
Sec. 33014. Motor carrier safety permits.
Sec. 33015. Wetlines.
Sec. 33016. Hazmat employee training requirements and grants.
Sec. 33017. Authorization of appropriations.
TITLE IV--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF
2012
Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE V--MISCELLANEOUS
Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.
DIVISION D--FINANCE
Sec. 40001. Short title.
TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES
Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.
TITLE II--REVENUE PROVISIONS
Subtitle A--Leaking Underground Storage Tank Trust Fund
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to
Highway Trust Fund.
Subtitle B--Pension Provisions
PART I--Pension Funding Stabilization
Sec. 40211. Pension funding stabilization.
PART II--PBGC Premiums
Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.
PART III--Improvements of PBGC
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty
Corporation.
Sec. 40234. Line of credit repeal.
PART IV--Transfers of Excess Pension Assets
Sec. 40241. Extension for transfers of excess pension assets to retiree
health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term life
insurance accounts.
Subtitle C--Additional Transfers to Highway Trust Fund
Sec. 40251. Additional transfers to Highway Trust Fund.
DIVISION E--RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I--FUNDING
Sec. 51001. Authorization of appropriations.
TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and
technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research
program.
Sec. 52008. National cooperative freight research.
Sec. 52009. University transportation centers program.
Sec. 52010. University transportation research.
Sec. 52011. Bureau of Transportation Statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
Sec. 53001. Use of funds for ITS activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
DIVISION F--MISCELLANEOUS
TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A--Secure Rural Schools and Community Self-determination
Program
Sec. 100101. Secure Rural Schools and Community Self-Determination
Program.
Subtitle B--Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.
Subtitle C--Offsets
Sec. 100121. Phased retirement authority.
Sec. 100122. Roll-your-own cigarette machines.
Sec. 100123. Change in FMAP increase for disaster recovery states.
Sec. 100124. Repeals.
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation
Fund.
TITLE II--FLOOD INSURANCE
Subtitle A--Flood Insurance Reform and Modernization
Sec. 100201. Short title.
Sec. 100202. Definitions.
Sec. 100203. Extension of National Flood Insurance Program.
Sec. 100204. Availability of insurance for multifamily properties.
Sec. 100205. Reform of premium rate structure.
Sec. 100207. Premium adjustment.
Sec. 100208. Enforcement.
Sec. 100209. Escrow of flood insurance payments.
Sec. 100210. Minimum deductibles for claims under the National Flood
Insurance Program.
Sec. 100211. Considerations in determining chargeable premium rates.
Sec. 100212. Reserve fund.
Sec. 100213. Repayment plan for borrowing authority.
Sec. 100214. Payment of condominium claims.
Sec. 100215. Technical mapping advisory council.
Sec. 100216. National flood mapping program.
Sec. 100217. Scope of appeals.
Sec. 100218. Scientific Resolution Panel.
Sec. 100219. Removal of limitation on State contributions for updating
flood maps.
Sec. 100220. Coordination.
Sec. 100221. Interagency coordination study.
Sec. 100222. Notice of flood insurance availability under RESPA.
Sec. 100223. Participation in State disaster claims mediation programs.
Sec. 100224. Oversight and expense reimbursements of insurance
companies.
Sec. 100225. Mitigation.
Sec. 100226. Flood Protection Structure Accreditation Task Force.
Sec. 100227. Flood in progress determinations.
Sec. 100228. Clarification of residential and commercial coverage
limits.
Sec. 100229. Local data requirement.
Sec. 100230. Eligibility for flood insurance for persons residing in
communities that have made adequate progress on the
reconstruction or improvement of a flood protection system.
Sec. 100231. Studies and reports.
Sec. 100232. Reinsurance.
Sec. 100233. GAO study on business interruption and additional living
expenses coverages.
Sec. 100234. Policy disclosures.
Sec. 100235. Report on inclusion of building codes in floodplain
management criteria.
Sec. 100236. Study of participation and affordability for certain
policyholders.
Sec. 100237. Study and report concerning the participation of Indian
tribes and members of Indian tribes in the National Flood
Insurance Program.
Sec. 100238. Technical corrections.
Sec. 100239. Use of private insurance to satisfy mandatory purchase
requirement.
Sec. 100240. Levees constructed on certain properties.
Sec. 100241. Insurance coverage for private properties affected by
flooding from Federal lands.
Sec. 100242. Permissible land use under Federal flood insurance plan.
Sec. 100243. CDBG eligibility for flood insurance outreach activities
and community building code administration grants.
Sec. 100244. Termination of force-placed insurance.
Sec. 100245. FEMA authority on transfer of policies.
Sec. 100246. Reimbursement of certain expenses.
Sec. 100247. FIO study on risks, hazards, and insurance.
Sec. 100248. Flood protection improvements constructed on certain
properties.
Sec. 100249. No cause of action.
Subtitle B--Alternative Loss Allocation
Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate
claims.
Subtitle C--HEARTH Act Amendment
Sec. 100261. HEARTH Act technical corrections.
TITLE III--STUDENT LOAN INTEREST RATE EXTENSION
Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct
Stafford Loans for new borrowers on or after July 1, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
Sec. 110001. Short title.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 111001. Extension of Federal-aid highway programs.
TITLE II--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Sec. 112001. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 112003. Additional programs.
TITLE III--PUBLIC TRANSPORTATION PROGRAMS
Sec. 113001. Allocation of funds for planning programs.
Sec. 113002. Special rule for urbanized area formula grants.
Sec. 113003. Allocating amounts for capital investment grants.
Sec. 113004. Apportionment of formula grants for other than urbanized
areas.
Sec. 113005. Apportionment based on fixed guideway factors.
Sec. 113006. Authorizations for public transportation.
Sec. 113007. Amendments to SAFETEA-LU.
TITLE IV--EFFECTIVE DATE
Sec. 114001. Effective date.
DIVISION H--BUDGETARY EFFECTS
Sec. 120001. Budgetary effects.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, divisions A, B, C
(other than sections 32603(d), 32603(g), 32912, and 34002 of that
division) and E, including the amendments made by those divisions, take
effect on October 1, 2012.
(b) References.--Except as otherwise provided, any reference to the
date of enactment of the MAP-21 or to the date of enactment of the
Federal Public Transportation Act of 2012 in the divisions described in
subsection (a) or in an amendment made by those divisions shall be
deemed to be a reference to the effective date of those divisions.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation program under section 133 of that
title, the highway safety improvement program under section 148 of
that title, the congestion mitigation and air quality improvement
program under section 149 of that title, and to carry out section
134 of that title--
(A) $37,476,819,674 for fiscal year 2013; and
(B) $37,798,000,000 for fiscal year 2014.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code--
(A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code, $450,000,000 for each of fiscal years 2013 and
2014.
(B) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $300,000,000 for each of fiscal years 2013
and 2014, of which $240,000,000 of the amount made available
for each fiscal year shall be the amount for the National Park
Service and $30,000,000 of the amount made available for each
fiscal year shall be the amount for the United States Fish and
Wildlife Service.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code, $250,000,000 for each of fiscal years 2013 and 2014.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code, $190,000,000 for each of fiscal years
2013 and 2014.
(b) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise program,
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned businesses
seeking to do business in federally-assisted surface
transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business enterprise
program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation in
surface transportation-related businesses of women business
owners and minority business owners and has impacted firm
development and many aspects of surface transportation-related
business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection, the following definitions
apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern''
means a small business concern (as the term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern''
does not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal years
in excess of $22,410,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the extent
that the Secretary determines otherwise, not less than 10 percent
of the amounts made available for any program under divisions A and
B of this Act and section 403 of title 23, United States Code,
shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--Each
State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for the
purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(7) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive funds
made available under divisions A and B of this Act and section 403
of title 23, United States Code, if the entity or person is
prevented, in whole or in part, from complying with paragraph (2)
because a Federal court issues a final order in which the court
finds that a requirement or the implementation of paragraph (2) is
unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $39,699,000,000 for fiscal year 2013; and
(2) $40,256,000,000 for fiscal year 2014.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (but, for each
of fiscal years 2005 through 2011, only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2014, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2013 through 2014, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated balance
of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under this Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of that
title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under section 204 of
that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2013 through 2014--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of this Act) and 104
of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for each
of fiscal years 2013 through 2014, the Secretary shall distribute
to the States any funds (excluding funds authorized for the program
under section 202 of title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for the fiscal year because of the imposition
of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(c) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
(a) Definitions.--Section 101(a) of title 23, United States Code,
is amended--
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8), (13),
(14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30),
(31), (32), (33), (34), (35), (36), and (37) as paragraphs (3),
(4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19),
(20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and
(34), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Asset management.--The term `asset management' means a
strategic and systematic process of operating, maintaining, and
improving physical assets, with a focus on both engineering and
economic analysis based upon quality information, to identify a
structured sequence of maintenance, preservation, repair,
rehabilitation, and replacement actions that will achieve and
sustain a desired state of good repair over the lifecycle of the
assets at minimum practicable cost.'';
(4) in paragraph (4) (as redesignated by paragraph (2))--
(A) in the matter preceding subparagraph (A), by inserting
``or any project eligible for assistance under this title''
after ``of a highway'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) preliminary engineering, engineering, and design-
related services directly relating to the construction of a
highway project, including engineering, design, project
development and management, construction project management and
inspection, surveying, mapping (including the establishment of
temporary and permanent geodetic control in accordance with
specifications of the National Oceanic and Atmospheric
Administration), and architectural-related services;'';
(C) in subparagraph (B)--
(i) by inserting ``reconstruction,'' before
``resurfacing''; and
(ii) by striking ``and rehabilitation'' and inserting
``rehabilitation, and preservation'';
(D) in subparagraph (E) by striking ``railway'' and
inserting ``railway-highway''; and
(E) in subparagraph (F) by striking ``obstacles'' and
inserting ``hazards'';
(5) in paragraph (6) (as so redesignated)--
(A) by inserting ``public'' before ``highway eligible'';
and
(B) by inserting ``functionally'' before ``classified'';
(6) by inserting after paragraph (6) (as so redesignated) the
following:
``(7) Federal lands access transportation facility.--The term
`Federal Lands access transportation facility' means a public
highway, road, bridge, trail, or transit system that is located on,
is adjacent to, or provides access to Federal lands for which title
or maintenance responsibility is vested in a State, county, town,
township, tribal, municipal, or local government.
``(8) Federal lands transportation facility.--The term `Federal
lands transportation facility' means a public highway, road,
bridge, trail, or transit system that is located on, is adjacent
to, or provides access to Federal lands for which title and
maintenance responsibility is vested in the Federal Government, and
that appears on the national Federal lands transportation facility
inventory described in section 203(c).'';
(7) in paragraph (11)(B) by inserting ``including public roads
on dams'' after ``drainage structure'';
(8) in paragraph (14) (as so redesignated)--
(A) by striking ``as a'' and inserting ``as an air
quality''; and
(B) by inserting ``air quality'' before ``attainment
area'';
(9) in paragraph (18) (as so redesignated) by striking ``an
undertaking to construct a particular portion of a highway, or if
the context so implies, the particular portion of a highway so
constructed or any other undertaking'' and inserting ``any
undertaking'';
(10) in paragraph (19) (as so redesignated)--
(A) by striking ``the State transportation department
and''; and
(B) by inserting ``and the recipient'' after ``Secretary'';
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:
``(23) Safety improvement project.--The term `safety
improvement project' means a strategy, activity, or project on a
public road that is consistent with the State strategic highway
safety plan and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a highway safety
problem.'';
(12) by inserting after paragraph (26) (as so redesignated) the
following:
``(27) State strategic highway safety plan.--The term `State
strategic highway safety plan' has the same meaning given such term
in section 148(a).'';
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
``(29) Transportation alternatives.--The term `transportation
alternatives' means any of the following activities when carried
out as part of any program or project authorized or funded under
this title, or as an independent program or project related to
surface transportation:
``(A) Construction, planning, and design of on-road and
off-road trail facilities for pedestrians, bicyclists, and
other nonmotorized forms of transportation, including
sidewalks, bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting and other safety-
related infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of infrastructure-
related projects and systems that will provide safe routes for
non-drivers, including children, older adults, and individuals
with disabilities to access daily needs.
``(C) Conversion and use of abandoned railroad corridors
for trails for pedestrians, bicyclists, or other nonmotorized
transportation users.
``(D) Construction of turnouts, overlooks, and viewing
areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of outdoor
advertising;
``(ii) historic preservation and rehabilitation of
historic transportation facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway safety,
prevent against invasive species, and provide erosion
control; and
``(iv) archaeological activities relating to impacts
from implementation of a transportation project eligible
under this title.
``(F) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to--
``(i) address stormwater management, control, and water
pollution prevention or abatement related to highway
construction or due to highway runoff, including activities
described in sections 133(b)(11), 328(a), and 329; or
``(ii) reduce vehicle-caused wildlife mortality or to
restore and maintain connectivity among terrestrial or
aquatic habitats.''; and
(14) by inserting after paragraph (29) (as so redesignated) the
following:
``(30) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means integrated strategies to
optimize the performance of existing infrastructure through the
implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and reliability
of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) actions such as traffic detection and
surveillance, corridor management, freeway management,
arterial management, active transportation and demand
management, work zone management, emergency management,
traveler information services, congestion pricing, parking
management, automated enforcement, traffic control,
commercial vehicle operations, freight management, and
coordination of highway, rail, transit, bicycle, and
pedestrian operations; and
``(ii) coordination of the implementation of regional
transportation system management and operations investments
(such as traffic incident management, traveler information
services, emergency management, roadway weather management,
intelligent transportation systems, communication networks,
and information sharing systems) requiring agreements,
integration, and interoperability to achieve targeted
system performance, reliability, safety, and customer
service levels.
``(31) Tribal transportation facility.--The term `tribal
transportation facility' means a public highway, road, bridge,
trail, or transit system that is located on or provides access to
tribal land and appears on the national tribal transportation
facility inventory described in section 202(b)(1).
``(32) Truck stop electrification system.--The term `truck stop
electrification system' means a system that delivers heat, air
conditioning, electricity, or communications to a heavy-duty
vehicle.''.
(b) Sense of Congress.--Section 101(c) of title 23, United States
Code, is amended by striking ``system'' and inserting ``highway''.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.
(a) In General.--Section 103 of title 23, United States Code, is
amended to read as follows:
``Sec. 103. National Highway System
``(a) In General.--For the purposes of this title, the Federal-aid
system is the National Highway System, which includes the Interstate
System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of the
highway routes and connections to transportation facilities that
shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other major
travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel and
commerce.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The National Highway System depicted on the map
submitted by the Secretary of Transportation to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996, and modifications approved by the Secretary
before the date of enactment of the MAP-21.
``(B) Other urban and rural principal arterial routes, and
border crossings on those routes, that were not included on the
National Highway System before the date of enactment of the
MAP-21.
``(C) Other connector highways (including toll facilities)
that were not included in the National Highway System before
the date of enactment of the MAP-21 but that provide motor
vehicle access between arterial routes on the National Highway
System and a major intermodal transportation facility.
``(D) A strategic highway network that--
``(i) consists of a network of highways that are
important to the United States strategic defense policy,
that provide defense access, continuity, and emergency
capabilities for the movement of personnel, materials, and
equipment in both peacetime and wartime, and that were not
included on the National Highway System before the date of
enactment of the MAP-21;
``(ii) may include highways on or off the Interstate
System; and
``(iii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(E) Major strategic highway network connectors that--
``(i) consist of highways that provide motor vehicle
access between major military installations and highways
that are part of the strategic highway network but were not
included on the National Highway System before the date of
enactment of the MAP-21; and
``(ii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(3) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a major
intermodal terminal, to the National Highway System that is
proposed by a State if the Secretary determines that the
modification--
``(i) meets the criteria established for the National
Highway System under this title after the date of enactment
of the MAP-21; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under
this paragraph, a State shall cooperate with local and
regional officials.
``(ii) Urbanized areas.--In an urbanized area, the
local officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance with
this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
``(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate
for current and probable future traffic demands and the
needs of the locality of the highway.
``(C) Location.--Highways on the Interstate System shall be
located so as--
``(i) to connect by routes, as direct as practicable,
the principal metropolitan areas, cities, and industrial
centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to connect
at suitable border points with routes of continental
importance in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation
departments of the State in which the route is located and the
adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent with
the policies and procedures established under this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of a
highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the State
or States in which the highway is located, designate the
highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--Subject to clauses (ii) through
(vi), if the Secretary determines that a highway on the
National Highway System would be a logical addition or
connection to the Interstate System and would qualify for
designation as a route on the Interstate System under
subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon
the affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
future Interstate System route.
``(ii) Written agreement.--A designation under clause
(i) shall be made only upon the written agreement of each
State described in that clause that the highway will be
constructed to meet all standards of a highway on the
Interstate System by not later than the date that is 25
years after the date of the agreement.
``(iii) Failure to complete construction.--If a State
described in clause (i) has not substantially completed the
construction of a highway designated under this
subparagraph by the date specified in clause (ii), the
Secretary shall remove the designation of the highway as a
future Interstate System route.
``(iv) Effect of removal.--Removal of the designation
of a highway under clause (iii) shall not preclude the
Secretary from designating the highway as a route on the
Interstate System under subparagraph (A) or under any other
provision of law providing for addition to the Interstate
System.
``(v) Retroactive effect.--An agreement described in
clause (ii) that is entered into before August 10, 2005,
shall be deemed to include the 25-year time limitation
described in that clause, regardless of any earlier
construction completion date in the agreement.
``(vi) References.--No law, rule, regulation, map,
document, or other record of the United States, or of any
State or political subdivision of a State, shall refer to
any highway designated as a future Interstate System route
under this subparagraph, and no such highway shall be
signed or marked, as a highway on the Interstate System,
until such time as the highway--
``(I) is constructed to the geometric and
construction standards for the Interstate System; and
``(II) has been designated as a route on the
Interstate System.
``(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph shall
create no additional Federal financial responsibility with
respect to the highway.
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in subparagraph (B),
the Interstate System shall not be considered to be a historic
site under section 303 of title 49 or section 138 of this
title, regardless of whether the Interstate System or portions
or elements of the Interstate System are listed on, or eligible
for listing on, the National Register of Historic Places.
``(B) Individual elements.--Subject to subparagraph (C)--
``(i) the Secretary shall determine, through the
administrative process established for exempting the
Interstate System from section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), those individual
elements of the Interstate System that possess national or
exceptional historic significance (such as a historic
bridge or a highly significant engineering feature); and
``(ii) those elements shall be considered to be
historic sites under section 303 of title 49 or section 138
of this title, as applicable.
``(C) Construction, maintenance, restoration, and
rehabilitation activities.--Subparagraph (B) does not prohibit
a State from carrying out construction, maintenance,
preservation, restoration, or rehabilitation activities for a
portion of the Interstate System referred to in subparagraph
(B) upon compliance with section 303 of title 49 or section 138
of this title, as applicable, and section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).''.
(b) Inclusion of Certain Route Segments on Interstate System.--
(1) In general.--Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109
Stat. 597; 115 Stat. 872) is amended--
(A) in the first sentence, by striking ``and in subsections
(c)(18) and (c)(20)'' and inserting ``, in subsections (c)(18)
and (c)(20), and in subparagraphs (A)(iii) and (B) of
subsection (c)(26)''; and
(B) in the second sentence, by striking ``that the
segment'' and all that follows through the period and inserting
``that the segment meets the Interstate System design standards
approved by the Secretary under section 109(b) of title 23,
United States Code, and is planned to connect to an existing
Interstate System segment by the date that is 25 years after
the date of enactment of the MAP-21.''.
(2) Route designation.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2032; 109 Stat. 598) is amended by adding at the end the following:
``The routes referred to subparagraphs (A)(iii) and (B)(i) of
subsection (c)(26) are designated as Interstate Route I-11.''.
(c) Conforming Amendments.--
(1) Analysis.--The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating to section
103 and inserting the following:
``103. National Highway System.''.
(2) Section 113.--Section 113 of title 23, United States Code,
is amended--
(A) in subsection (a) by striking ``the Federal-aid
systems'' and inserting ``Federal-aid highways''; and
(B) in subsection (b), in the first sentence, by striking
``of the Federal-aid systems'' and inserting ``Federal-aid
highway''.
(3) Section 123.--Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ``Federal-aid
system'' and inserting ``Federal-aid highway''.
(4) Section 217.--Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking ``National
Highway System'' and inserting ``National Highway Performance
Program''.
(5) Section 304.--Section 304 of title 23, United States Code,
is amended in the first sentence by striking ``the Federal-aid
highway systems'' and inserting ``Federal-aid highways''.
(6) Section 317.--Section 317(d) of title 23, United States
Code, is amended by striking ``system'' and inserting ``highway''.
SEC. 1105. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended to read as follows:
``Sec. 104. Apportionment
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to be
made available to the Secretary for administrative expenses of the
Federal Highway Administration--
``(A) $454,180,326 for fiscal year 2013; and
``(B) $440,000,000 for fiscal year 2014.
``(2) Purposes.--The amounts authorized to be appropriated by
this subsection shall be used--
``(A) to administer the provisions of law to be funded from
appropriations for the Federal-aid highway program and programs
authorized under chapter 2;
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system; and
``(C) to reimburse, as appropriate, the Office of Inspector
General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with
section 3521 of title 31.
``(3) Availability.--The amounts made available under paragraph
(1) shall remain available until expended.
``(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State for a
fiscal year under subsection (c) among the national highway performance
program, the surface transportation program, the highway safety
improvement program, and the congestion mitigation and air quality
improvement program, and to carry out section 134 as follows:
``(1) National highway performance program.--For the national
highway performance program, 63.7 percent of the amount remaining
after distributing amounts under paragraphs (4) and (5).
``(2) Surface transportation program.--For the surface
transportation program, 29.3 percent of the amount remaining after
distributing amounts under paragraphs (4) and (5).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 7 percent of the amount remaining after
distributing amounts under paragraphs (4) and (5).
``(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality improvement
program, an amount determined by multiplying the amount determined
for the State under subsection (c) by the proportion that--
``(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement program for
fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP-21.
``(5) Metropolitan planning.--To carry out section 134, an
amount determined by multiplying the amount determined for the
State under subsection (c) by the proportion that--
``(A) the amount apportioned to the State to carry out
section 134 for fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP-21.
``(c) Calculation of State Amounts.--
``(1) For fiscal year 2013.--
``(A) Calculation of amount.--For fiscal year 2013, the
amount for each State of combined apportionments for the
national highway performance program under section 119, the
surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, and to carry out section 134 shall be equal to the
combined amount of apportionments that the State received for
fiscal year 2012.
``(B) State apportionment.--On October 1 of such fiscal
year, the Secretary shall apportion the sum authorized to be
appropriated for expenditure on the national highway
performance program under section 119, the surface
transportation program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, and to carry out section 134 in accordance with
subparagraph (A).
``(2) For fiscal year 2014.--
``(A) State share.--For fiscal year 2014, the amount for
each State of combined apportionments for the national highway
performance program under section 119, the surface
transportation program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, and to carry out section 134 shall be determined as
follows:
``(i) Initial amount.--The initial amount for each
State shall be determined by multiplying the total amount
available for apportionment by the share for each State
which shall be equal to the proportion that--
``(I) the amount of apportionments that the State
received for fiscal year 2012; bears to
``(II) the amount of those apportionments received
by all States for that fiscal year.
``(ii) Adjustments to amounts.--The initial amounts
resulting from the calculation under clause (i) shall be
adjusted to ensure that, for each State, the amount of
combined apportionments for the programs shall not be less
than 95 percent of the estimated tax payments attributable
to highway users in the State paid into the Highway Trust
Fund (other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(B) State apportionment.--On October 1 of such fiscal
year, the Secretary shall apportion the sum authorized to be
appropriated for expenditure on the national highway
performance program under section 119, the surface
transportation program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, and to carry out section 134 in accordance with
subparagraph (A).
``(d) Metropolitan Planning.--
``(1) Use of amounts.--
``(A) Use.--
``(i) In general.--Except as provided in clause (ii),
the amounts apportioned to a State under subsection (b)(5)
shall be made available by the State to the metropolitan
planning organizations responsible for carrying out section
134 in the State.
``(ii) States receiving minimum apportionment.--A State
that received the minimum apportionment for use in carrying
out section 134 for fiscal year 2009 may, subject to the
approval of the Secretary, use the funds apportioned under
subsection (b)(5) to fund transportation planning outside
of urbanized areas.
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.
``(2) Distribution of amounts within states.--
``(A) In general.--The distribution within any State of the
planning funds made available to organizations under paragraph
(1) shall be in accordance with a formula that--
``(i) is developed by each State and approved by the
Secretary; and
``(ii) takes into consideration, at a minimum,
population, status of planning, attainment of air quality
standards, metropolitan area transportation needs, and
other factors necessary to provide for an appropriate
distribution of funds to carry out section 134 and other
applicable requirements of Federal law.
``(B) Reimbursement.--Not later than 15 business days after
the date of receipt by a State of a request for reimbursement
of expenditures made by a metropolitan planning organization
for carrying out section 134, the State shall reimburse, from
amounts distributed under this paragraph to the metropolitan
planning organization by the State, the metropolitan planning
organization for those expenditures.
``(3) Determination of population figures.--For the purpose of
determining population figures under this subsection, the Secretary
shall use the latest available data from the decennial census
conducted under section 141(a) of title 13, United States Code.
``(e) Certification of Apportionments.--
``(1) In general.--The Secretary shall--
``(A) on October 1 of each fiscal year, certify to each of
the State transportation departments the amount that has been
apportioned to the State under this section for the fiscal
year; and
``(B) to permit the States to develop adequate plans for
the use of amounts apportioned under this section, advise each
State of the amount that will be apportioned to the State under
this section for a fiscal year not later than 90 days before
the beginning of the fiscal year for which the sums to be
apportioned are authorized.
``(2) Notice to states.--If the Secretary has not made an
apportionment under this section for a fiscal year beginning after
September 30, 1998, by not later than the date that is the twenty-
first day of that fiscal year, the Secretary shall submit, by not
later than that date, to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, a written statement of
the reason for not making the apportionment in a timely manner.
``(3) Apportionment calculations.--
``(A) In general.--The calculation of official
apportionments of funds to the States under this title is a
primary responsibility of the Department and shall be carried
out only by employees (and not contractors) of the Department.
``(B) Prohibition on use of funds to hire contractors.--
None of the funds made available under this title shall be used
to hire contractors to calculate the apportionments of funds to
States.
``(f) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for transit projects or transportation planning
under this title may be transferred to and administered by the
Secretary in accordance with chapter 53 of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the amounts
transferred under subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for highway projects or transportation planning
under chapter 53 of title 49 may be transferred to and
administered by the Secretary in accordance with this title.
``(B) Non-federal share.--The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to
amounts transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer amounts
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration, for
the purpose of funding 1 or more projects that are eligible for
assistance with amounts so apportioned or allocated.
``(B) Apportionment.--The transfer shall have no effect on
any apportionment of amounts to a State under this section.
``(C) Funds suballocated to urbanized areas.--Amounts that
are apportioned or allocated to a State under subsection (b)(3)
(as in effect on the day before the date of enactment of the
MAP-21) or subsection (b)(2) and attributed to an urbanized
area of a State with a population of more than 200,000
individuals under section 133(d) may be transferred under this
paragraph only if the metropolitan planning organization
designated for the area concurs, in writing, with the transfer
request.
``(4) Transfer of obligation authority.--Obligation authority
for amounts transferred under this subsection shall be transferred
in the same manner and amount as the amounts for the projects that
are transferred under this section.
``(g) Report to Congress.--For each fiscal year, the Secretary
shall make available to the public, in a user-friendly format via the
Internet, a report that describes--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal year
under this section;
``(3) the balance of unobligated sums available for expenditure
at the discretion of the Secretary for such highways and programs
for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set aside
under this section, according to--
``(A) program;
``(B) funding category of subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographical area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
(b) Conforming Amendment.--Section 146(a) of title 23, United
States Code, is amended by striking ``sections 104(b)(l) and
104(b)(3)'' and inserting ``section 104(b)(2)''.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended to read as follows:
``Sec. 119. National highway performance program
``(a) Establishment.--The Secretary shall establish and implement a
national highway performance program under this section.
``(b) Purposes.--The purposes of the national highway performance
program shall be--
``(1) to provide support for the condition and performance of
the National Highway System;
``(2) to provide support for the construction of new facilities
on the National Highway System; and
``(3) to ensure that investments of Federal-aid funds in
highway construction are directed to support progress toward the
achievement of performance targets established in an asset
management plan of a State for the National Highway System.
``(c) Eligible Facilities.--Except as provided in subsection (d),
to be eligible for funding apportioned under section 104(b)(1) to carry
out this section, a facility shall be located on the National Highway
System, as defined in section 103.
``(d) Eligible Projects.--Funds apportioned to a State to carry out
the national highway performance program may be obligated only for a
project on an eligible facility that is--
``(1)(A) a project or part of a program of projects supporting
progress toward the achievement of national performance goals for
improving infrastructure condition, safety, mobility, or freight
movement on the National Highway System; and
``(B) consistent with sections 134 and 135; and
``(2) for 1 or more of the following purposes:
``(A) Construction, reconstruction, resurfacing,
restoration, rehabilitation, preservation, or operational
improvement of segments of the National Highway System.
``(B) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) of bridges on the National Highway
System.
``(C) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme events) of
tunnels on the National Highway System.
``(D) Inspection and evaluation, as described in section
144, of bridges and tunnels on the National Highway System, and
inspection and evaluation of other highway infrastructure
assets on the National Highway System, including signs and sign
structures, earth retaining walls, and drainage structures.
``(E) Training of bridge and tunnel inspectors, as
described in section 144.
``(F) Construction, rehabilitation, or replacement of
existing ferry boats and ferry boat facilities, including
approaches, that connect road segments of the National Highway
System.
``(G) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, a Federal-aid highway not on the
National Highway System, and construction of a transit project
eligible for assistance under chapter 53 of title 49, if--
``(i) the highway project or transit project is in the
same corridor as, and in proximity to, a fully access-
controlled highway designated as a part of the National
Highway System;
``(ii) the construction or improvements will reduce
delays or produce travel time savings on the fully access-
controlled highway described in clause (i) and improve
regional traffic flow; and
``(iii) the construction or improvements are more cost-
effective, as determined by benefit-cost analysis, than an
improvement to the fully access-controlled highway
described in clause (i).
``(H) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(I) Highway safety improvements for segments of the
National Highway System.
``(J) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities and
programs.
``(K) Development and implementation of a State asset
management plan for the National Highway System in accordance
with this section, including data collection, maintenance, and
integration and the cost associated with obtaining, updating,
and licensing software and equipment required for risk-based
asset management and performance-based management.
``(L) Infrastructure-based intelligent transportation
systems capital improvements.
``(M) Environmental restoration and pollution abatement in
accordance with section 328.
``(N) Control of noxious weeds and aquatic noxious weeds
and establishment of native species in accordance with section
329.
``(O) Environmental mitigation efforts related to projects
funded under this section, as described in subsection (g).
``(P) Construction of publicly owned intracity or intercity
bus terminals servicing the National Highway System.
``(e) State Performance Management.--
``(1) In general.--A State shall develop a risk-based asset
management plan for the National Highway System to improve or
preserve the condition of the assets and the performance of the
system.
``(2) Performance driven plan.--A State asset management plan
shall include strategies leading to a program of projects that
would make progress toward achievement of the State targets for
asset condition and performance of the National Highway System in
accordance with section 150(d) and supporting the progress toward
the achievement of the national goals identified in section 150(b).
``(3) Scope.--In developing a risk-based asset management plan,
the Secretary shall encourage States to include all infrastructure
assets within the right-of-way corridor in such plan.
``(4) Plan contents.--A State asset management plan shall, at a
minimum, be in a form that the Secretary determines to be
appropriate and include--
``(A) a summary listing of the pavement and bridge assets
on the National Highway System in the State, including a
description of the condition of those assets;
``(B) asset management objectives and measures;
``(C) performance gap identification;
``(D) lifecycle cost and risk management analysis;
``(E) a financial plan; and
``(F) investment strategies.
``(5) Requirement for plan.--Notwithstanding section 120, with
respect to the second fiscal year beginning after the date of
establishment of the process established in paragraph (8) or any
subsequent fiscal year, if the Secretary determines that a State
has not developed and implemented a State asset management plan
consistent with this section, the Federal share payable on account
of any project or activity carried out by the State in that fiscal
year under this section shall be 65 percent.
``(6) Certification of plan development process.--
``(A) In general.--Not later than 90 days after the date on
which a State submits a request for approval of the process
used by the State to develop the State asset management plan
for the National Highway System, the Secretary shall--
``(i) review the process; and
``(ii)(I) certify that the process meets the
requirements established by the Secretary; or
``(II) deny certification and specify actions necessary
for the State to take to correct deficiencies in the State
process.
``(B) Recertification.--Not less frequently than once every
4 years, the Secretary shall review and recertify that the
process used by a State to develop and maintain the State asset
management plan for the National Highway System meets the
requirements for the process, as established by the Secretary.
``(C) Opportunity to cure.--If the Secretary denies
certification under subparagraph (A), the Secretary shall
provide the State with--
``(i) not less than 90 days to cure the deficiencies of
the plan, during which time period all penalties and other
legal impacts of a denial of certification shall be stayed;
and
``(ii) a written statement of the specific actions the
Secretary determines to be necessary for the State to cure
the plan.
``(7) Performance achievement.--A State that does not achieve
or make significant progress toward achieving the targets of the
State for performance measures described in section 150(d) for the
National Highway System for 2 consecutive reports submitted under
this paragraph shall include in the next report submitted a
description of the actions the State will undertake to achieve the
targets.
``(8) Process.--Not later than 18 months after the date of
enactment of the MAP-21, the Secretary shall, by regulation and in
consultation with State departments of transportation, establish
the process to develop the State asset management plan described in
paragraph (1).
``(f) Interstate System and NHS Bridge Conditions.--
``(1) Condition of interstate system.--
``(A) Penalty.--If, during 2 consecutive reporting periods,
the condition of the Interstate System, excluding bridges on
the Interstate System, in a State falls below the minimum
condition level established by the Secretary under section
150(c)(3), the State shall be required, during the following
fiscal year--
``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount that is not less
than the amount of funds apportioned to the State for
fiscal year 2009 under the Interstate maintenance program
for the purposes described in this section (as in effect on
the day before the date of enactment of the MAP-21), except
that for each year after fiscal year 2013, the amount
required to be obligated under this clause shall be
increased by 2 percent over the amount required to be
obligated in the previous fiscal year; and
``(ii) to transfer, from the amounts apportioned to the
State under section 104(b)(2) (other than amounts
suballocated to metropolitan areas and other areas of the
State under section 133(d)) to the apportionment of the
State under section 104(b)(1), an amount equal to 10
percent of the amount of funds apportioned to the State for
fiscal year 2009 under the Interstate maintenance program
for the purposes described in this section (as in effect on
the day before the date of enactment of the MAP-21).
``(B) Restoration.--The obligation requirement for the
Interstate System in a State required by subparagraph (A) for a
fiscal year shall remain in effect for each subsequent fiscal
year until such time as the condition of the Interstate System
in the State exceeds the minimum condition level established by
the Secretary.
``(2) Condition of nhs bridges.--
``(A) Penalty.--If the Secretary determines that, for the
3-year-period preceding the date of the determination, more
than 10 percent of the total deck area of bridges in the State
on the National Highway System is located on bridges that have
been classified as structurally deficient, an amount equal to
50 percent of funds apportioned to such State for fiscal year
2009 to carry out section 144 (as in effect the day before
enactment of MAP-21) shall be set aside from amounts
apportioned to a State for a fiscal year under section
104(b)(1) only for eligible projects on bridges on the National
Highway System.
``(B) Restoration.--The set-aside requirement for bridges
on the National Highway System in a State under subparagraph
(A) for a fiscal year shall remain in effect for each
subsequent fiscal year until such time as less than 10 percent
of the total deck area of bridges in the State on the National
Highway System is located on bridges that have been classified
as structurally deficient, as determined by the Secretary.
``(g) Environmental Mitigation.--
``(1) Eligible activities.--In accordance with all applicable
Federal law (including regulations), environmental mitigation
efforts referred to in subsection (d)(2)(O) include participation
in natural habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include--
``(A) participation in mitigation banking or other third-
party mitigation arrangements, such as--
``(i) the purchase of credits from commercial
mitigation banks;
``(ii) the establishment and management of agency-
sponsored mitigation banks; and
``(iii) the purchase of credits or establishment of in-
lieu fee mitigation programs;
``(B) contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetlands; and
``(C) the development of statewide and regional
environmental protection plans, including natural habitat and
wetland conservation and restoration plans.
``(2) Inclusion of other activities.--The banks, efforts, and
plans described in paragraph (1) include any such banks, efforts,
and plans developed in accordance with applicable law (including
regulations).
``(3) Terms and conditions.--The following terms and conditions
apply to natural habitat and wetlands mitigation efforts under this
subsection:
``(A) Contributions to the mitigation effort may--
``(i) take place concurrent with, or in advance of,
commitment of funding under this title to a project or
projects; and
``(ii) occur in advance of project construction only if
the efforts are consistent with all applicable requirements
of Federal law (including regulations) and State
transportation planning processes.
``(B) Credits from any agency-sponsored mitigation bank
that are attributable to funding under this section may be used
only for projects funded under this title, unless the agency
pays to the Secretary an amount equal to the Federal funds
attributable to the mitigation bank credits the agency uses for
purposes other than mitigation of a project funded under this
title.
``(4) Preference.--At the discretion of the project sponsor,
preference shall be given, to the maximum extent practicable, to
mitigating an environmental impact through the use of a mitigation
bank, in-lieu fee, or other third-party mitigation arrangement, if
the use of credits from the mitigation bank or in-lieu fee, or the
other third-party mitigation arrangement for the project, is
approved by the applicable Federal agency.''.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph (2), until
such date as a State has in effect an approved asset management
plan and has established performance targets as described in
sections 119 and 150 of title 23, United States Code, that will
contribute to achieving the national goals for the condition and
performance of the National Highway System, but not later than 18
months after the date on which the Secretary promulgates the final
regulation required under section 150(c) of that title, the
Secretary shall approve obligations of funds apportioned to a State
to carry out the national highway performance program under section
119 of that title, for projects that otherwise meet the
requirements of that section.
(2) Extension.--The Secretary may extend the transition period
for a State under paragraph (1) if the Secretary determines that
the State has made a good faith effort to establish an asset
management plan and performance targets referred to in that
paragraph.
(c) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
119 and inserting the following:
``119. National highway performance program.''.
SEC. 1107. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended to read as
follows:
``Sec. 125. Emergency relief
``(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary for the
repair or reconstruction of highways, roads, and trails, in any area of
the United States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) a natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--
``(1) Definition of construction phase.--In this subsection,
the term `construction phase' means the phase of physical
construction of a highway or bridge facility that is separate from
any other identified phases, such as planning, design, or right-of-
way phases, in the State transportation improvement program.
``(2) Restriction.--In no case shall funds be used under this
section for the repair or reconstruction of a bridge--
``(A) that has been permanently closed to all vehicular
traffic by the State or responsible local official because of
imminent danger of collapse due to a structural deficiency or
physical deterioration; or
``(B) if a construction phase of a replacement structure is
included in the approved Statewide transportation improvement
program at the time of an event described in subsection (a).
``(c) Funding.--
``(1) In general.--Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) such sums
as are necessary to establish the fund authorized by this section
and to replenish that fund on an annual basis.
``(2) Limitations.--The limitations referred to in paragraph
(1) are that--
``(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out this section, except that, if for any fiscal
year the total of all obligations under this section is less
than the amount authorized to be obligated for the fiscal year,
the unobligated balance of that amount shall--
``(i) remain available until expended; and
``(ii) be in addition to amounts otherwise available to
carry out this section for each year; and
``(B)(i) pending such appropriation or replenishment, the
Secretary may obligate from any funds appropriated at any time
for obligation in accordance with this title, including
existing Federal-aid appropriations, such sums as are necessary
for the immediate prosecution of the work herein authorized;
and
``(ii) funds obligated under this subparagraph shall be
reimbursed from the appropriation or replenishment.
``(d) Eligibility.--
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair or
reconstruction of highways on Federal-aid highways in accordance
with this chapter, except that--
``(A) no funds shall be so expended unless an emergency has
been declared by the Governor of the State with concurrence by
the Secretary, unless the President has declared the emergency
to be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) for which concurrence of the Secretary is
not required; and
``(B) the Secretary has received an application from the
State transportation department that includes a comprehensive
list of all eligible project sites and repair costs by not
later than 2 years after the natural disaster or catastrophic
failure.
``(2) Cost limitation.--
``(A) Definition of comparable facility.--In this
paragraph, the term `comparable facility' means a facility that
meets the current geometric and construction standards required
for the types and volume of traffic that the facility will
carry over its design life.
``(B) Limitation.--The total cost of a project funded under
this section may not exceed the cost of repair or
reconstruction of a comparable facility.
``(3) Debris removal.--The costs of debris removal shall be an
eligible expense under this section only for--
``(A) an event not declared a major disaster or emergency
by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
``(B) an event declared a major disaster or emergency by
the President under that Act if the debris removal is not
eligible for assistance under section 403, 407, or 502 of that
Act (42 U.S.C. 5170b, 5173, 5192).
``(4) Territories.--The total obligations for projects under
this section for any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands shall not exceed $20,000,000.
``(5) Substitute traffic.--Notwithstanding any other provision
of this section, actual and necessary costs of maintenance and
operation of ferryboats or additional transit service providing
temporary substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended from the
emergency fund authorized by this section for Federal-aid highways.
``(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
``(1) Definition of open to public travel.--In this subsection,
the term `open to public travel' means, with respect to a road,
that, except during scheduled periods, extreme weather conditions,
or emergencies, the road is open to the general public for use with
a standard passenger vehicle, without restrictive gates or
prohibitive signs or regulations, other than for general traffic
control or restrictions based on size, weight, or class of
registration.
``(2) Expenditure of funds.--Notwithstanding subsection (d)(1),
the Secretary may expend funds from the emergency fund authorized
by this section, independently or in cooperation with any other
branch of the Federal Government, a State agency, a tribal
government, an organization, or a person, for the repair or
reconstruction of tribal transportation facilities, Federal lands
transportation facilities, and other federally owned roads that are
open to public travel, whether or not those facilities are Federal-
aid highways.
``(3) Reimbursement.--
``(A) In general.--The Secretary may reimburse Federal and
State agencies (including political subdivisions) for
expenditures made for projects determined eligible under this
section, including expenditures for emergency repairs made
before a determination of eligibility.
``(B) Transfers.--With respect to reimbursements described
in subparagraph (A)--
``(i) those reimbursements to Federal agencies and
Indian tribal governments shall be transferred to the
account from which the expenditure was made, or to a
similar account that remains available for obligation; and
``(ii) the budget authority associated with the
expenditure shall be restored to the agency from which the
authority was derived and shall be available for obligation
until the end of the fiscal year following the year in
which the transfer occurs.
``(f) Treatment of Territories.--For purposes of this section, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered to be States and parts of
the United States, and the chief executive officer of each such
territory shall be considered to be a Governor of a State.
``(g) Protecting Public Safety and Maintaining Roadways.--The
Secretary may use not more than 5 percent of amounts from the emergency
fund authorized by this section to carry out projects that the
Secretary determines are necessary to protect the public safety or to
maintain or protect roadways that are included within the scope of an
emergency declaration by the Governor of the State or by the President,
in accordance with this section, and the Governor deems to be an
ongoing concern in order to maintain vehicular traffic on the
roadway.''.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligible Projects.--Section 133(b) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1) by striking ``section
104(b)(3)'' and inserting ``section 104(b)(2)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (15) as paragraphs
(5) through (18), respectively;
(4) by inserting before paragraph (5) (as so redesignated) the
following:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational improvements
for highways, including construction of designated routes of the
Appalachian development highway system and local access roads under
section 14501 of title 40.
``(2) Replacement (including replacement with fill material),
rehabilitation, preservation, protection (including painting, scour
countermeasures, seismic retrofits, impact protection measures,
security countermeasures, and protection against extreme events)
and application of calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally corrosive
anti-icing and deicing compositions for bridges (and approaches to
bridges and other elevated structures) and tunnels on public roads
of all functional classifications, including any such construction
or reconstruction necessary to accommodate other transportation
modes.
``(3) Construction of a new bridge or tunnel at a new location
on a Federal-aid highway.
``(4) Inspection and evaluation of bridges and tunnels and
training of bridge and tunnel inspectors (as defined in section
144), and inspection and evaluation of other highway assets
(including signs, retaining walls, and drainage structures).'';
(5) by striking paragraph (6) (as so redesignated) and
inserting the following:
``(6) Carpool projects, fringe and corridor parking facilities
and programs, including electric vehicle and natural gas vehicle
infrastructure in accordance with section 137, bicycle
transportation and pedestrian walkways in accordance with section
217, and the modifications of public sidewalks to comply with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).'';
(6) by striking paragraph (7) (as so redesignated) and
inserting the following:
``(7) Highway and transit safety infrastructure improvements
and programs, installation of safety barriers and nets on bridges,
hazard eliminations, projects to mitigate hazards caused by
wildlife, and railway-highway grade crossings.'';
(7) in paragraph (11) (as so redesignated) by striking
``enhancement activities'' and inserting ``alternatives'';
(8) by striking paragraph (14) (as so redesignated) and
inserting the following:
``(14) Environmental mitigation efforts relating to projects
funded under this title in the same manner and to the same extent
as such activities are eligible under section 119(g).''; and
(9) by inserting after paragraph (18) (as so redesignated) the
following:
``(19) Projects and strategies designed to support congestion
pricing, including electric toll collection and travel demand
management strategies and programs.
``(20) Recreational trails projects eligible for funding under
section 206.
``(21) Construction of ferry boats and ferry terminal
facilities eligible for funding under section 129(c).
``(22) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note; Public
Law 109-59).
``(23) Truck parking facilities eligible for funding under
section 1401 of the MAP-21.
``(24) Development and implementation of a State asset
management plan for the National Highway System in accordance with
section 119, including data collection, maintenance, and
integration and the costs associated with obtaining, updating, and
licensing software and equipment required for risk based asset
management and performance based management, and for similar
activities related to the development and implementation of a
performance based management program for other public roads.
``(25) A project that, if located within the boundaries of a
port terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate direct
intermodal interchange, transfer, and access into and out of the
port.
``(26) Construction and operational improvements for any minor
collector if--
``(A) the minor collector, and the project to be carried
out with respect to the minor collector, are in the same
corridor as, and in proximity to, a Federal-aid highway
designated as part of the National Highway System;
``(B) the construction or improvements will enhance the
level of service on the Federal-aid highway described in
subparagraph (A) and improve regional traffic flow; and
``(C) the construction or improvements are more cost-
effective, as determined by a benefit-cost analysis, than an
improvement to the Federal-aid highway described in
subparagraph (A).''.
(b) Location of Projects.--Section 133 of title 23, United States
Code, is amended by striking subsection (c) and inserting the
following:
``(c) Location of Projects.--Surface transportation program
projects may not be undertaken on roads functionally classified as
local or rural minor collectors unless the roads were on a Federal-aid
highway system on January 1, 1991, except--
``(1) as provided in subsection (g);
``(2) for projects described in paragraphs (2), (4), (6), (7),
(11), (20), (25), and (26) of subsection (b); and
``(3) as approved by the Secretary.''.
(c) Allocation of Apportioned Funds.--Section 133 of the title 23,
United States Code, is amended by striking subsection (d) and inserting
the following:
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State under
section 104(b)(2)--
``(A) 50 percent for a fiscal year shall be obligated under
this section, in proportion to their relative shares of the
population of the State--
``(i) in urbanized areas of the State with an urbanized
area population of over 200,000;
``(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent may be obligated in any area of the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the metropolitan
area established under section 134 that encompasses the urbanized
area.
``(3) Consultation with regional transportation planning
organizations.--For purposes of paragraph (1)(A)(ii), before
obligating funding attributed to an area with a population greater
than 5,000 and less than 200,000, a State shall consult with the
regional transportation planning organizations that represent the
area, if any.
``(4) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amount of funds that a State is required to obligate under
paragraph (1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the relative
population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if the
State and the relevant metropolitan planning organizations
jointly apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(5) Applicability of planning requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with sections 134 and 135.''.
(d) Administration.--Section 133 of title 23, United States Code,
is amended by striking subsection (e) and inserting the following:
``(e) Administration.--
``(1) Submission of project agreement.--For each fiscal year,
each State shall submit a project agreement that--
``(A) certifies that the State will meet all the
requirements of this section; and
``(B) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(2) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in paragraph (1)(B) as the State determines
to be necessary.
``(3) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under paragraph (1) shall be
deemed a contractual obligation of the United States to pay surface
transportation program funds made available under this title.''.
(e) Obligation Authority.--Section 133(f)(1) of title 23, United
States Code, is amended by striking ``2004 through 2006 and the period
of fiscal years 2007 through 2009'' and inserting ``2011 through
2014''.
(f) Bridges Not on Federal-aid Highways.--Section 133 of the title
23, United States Code, is amended by adding at the end the following:
``(g) Bridges Not on Federal-aid Highways.--
``(1) Definition of off-system bridge.--In this subsection, the
term `off-system bridge' means a highway bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set-aside.--Of the amounts apportioned to a State for
fiscal year 2013 and each fiscal year thereafter under this
section, the State shall obligate for activities described in
subsection (b)(2) for off-system bridges an amount that is not
less than 15 percent of the amount of funds apportioned to the
State for the highway bridge program for fiscal year 2009,
except that amounts allocated under subsection (d) shall not be
obligated to carry out this subsection.
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local officials, may reduce the
requirement for expenditures for off-system bridges under
subparagraph (A) with respect to the State if the Secretary
determines that the State has inadequate needs to justify the
expenditure.
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under this
section, is noncontroversial, is certified by the State to have
been carried out in accordance with all standards applicable to
such projects under this section, and is determined by the
Secretary upon completion to be no longer a deficient bridge--
``(A) any amount expended after the date of enactment of
this subsection from State and local sources for the project in
excess of 20 percent of the cost of construction of the project
may be credited to the non-Federal share of the cost of other
bridge projects in the State that are eligible for Federal
funds under this section; and
``(B) that crediting shall be conducted in accordance with
procedures established by the Secretary.
``(h) Special Rule for Areas of Less Than 5,000 Population.--
``(1) Special rule.--Notwithstanding subsection (c), and except
as provided in paragraph (2), up to 15 percent of the amounts
required to be obligated by a State under subsection (d)(1)(A)(iii)
for each of fiscal years 2013 through 2014 may be obligated on
roads functionally classified as minor collectors.
``(2) Suspension.--The Secretary may suspend the application of
paragraph (1) with respect to a State if the Secretary determines
that the authority provided under paragraph (1) is being used
excessively by the State.''.
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) On-the-job Training.--Section 140(b) of title 23, United States
Code, is amended--
(1) in the second sentence, by striking ``Whenever
apportionments are made under section 104(b)(3) of this title,''
and inserting ``From administrative funds made available under
section 104(a),''; and
(2) in the fourth sentence, by striking ``and the bridge
program under section 144''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of title 23,
United States Code, is amended in the second sentence by striking
``Whenever apportionments are made under section 104(b)(3),'' and
inserting ``From administrative funds made available under section
104(a),''.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Funding.--
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
are necessary, not to exceed $10,000,000 for each of fiscal
years 2013 and 2014, to carry out this section.
``(B) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary,
except that of funds so made available for each fiscal year,
$2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training.''; and
(B) in paragraph (8) by striking ``section 104(b)(3)'' and
inserting ``section 104(b)(2)''; and
(2) in subsection (c)(3) by striking ``for each of fiscal years
2005 through 2009,'' and inserting ``for each fiscal year,''.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION
STANDARDS.
(a) In General.--Section 144 of title 23, United States Code, is
amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and inspection
standards
``(a) Findings and Declarations.--
``(1) Findings.--Congress finds that--
``(A) the condition of the bridges of the United States has
improved since the date of enactment of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 112 Stat.
107), yet continued improvement to bridge conditions is
essential to protect the safety of the traveling public and
allow for the efficient movement of people and goods on which
the economy of the United States relies; and
``(B) the systematic preventative maintenance of bridges,
and replacement and rehabilitation of deficient bridges, should
be undertaken through an overall asset management approach to
transportation investment.
``(2) Declarations.--Congress declares that it is in the vital
interest of the United States--
``(A) to inventory, inspect, and improve the condition of
the highway bridges and tunnels of the United States;
``(B) to use a data-driven, risk-based approach and cost-
effective strategy for systematic preventative maintenance,
replacement, and rehabilitation of highway bridges and tunnels
to ensure safety and extended service life;
``(C) to use performance-based bridge management systems to
assist States in making timely investments;
``(D) to ensure accountability and link performance
outcomes to investment decisions; and
``(E) to ensure connectivity and access for residents of
rural areas of the United States through strategic investments
in National Highway System bridges and bridges on all public
roads.
``(b) National Bridge and Tunnel Inventories.--The Secretary, in
consultation with the States and Federal agencies with jurisdiction
over highway bridges and tunnels, shall--
``(1) inventory all highway bridges on public roads, on and off
Federal-aid highways, including tribally owned and Federally owned
bridges, that are bridges over waterways, other topographical
barriers, other highways, and railroads;
``(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and Federally owned
tunnels;
``(3) classify the bridges according to serviceability, safety,
and essentiality for public use, including the potential impacts to
emergency evacuation routes and to regional and national freight
and passenger mobility if the serviceability of the bridge is
restricted or diminished;
``(4) based on that classification, assign each a risk-based
priority for systematic preventative maintenance, replacement, or
rehabilitation; and
``(5) determine the cost of replacing each structurally
deficient bridge identified under this subsection with a comparable
facility or the cost of rehabilitating the bridge.
``(c) General Bridge Authority.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the General Bridge Act
of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized
to be replaced, in whole or in part, by this title.
``(2) Exception.--Section 502(b) of the General Bridge Act of
1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899
(33 U.S.C. 401), shall not apply to any bridge constructed,
reconstructed, rehabilitated, or replaced with assistance under
this title, if the bridge is over waters that--
``(A) are not used and are not susceptible to use in the
natural condition of the bridge or by reasonable improvement as
a means to transport interstate or foreign commerce; and
``(B) are--
``(i) not tidal; or
``(ii) if tidal, used only by recreational boating,
fishing, and other small vessels that are less than 21 feet
in length.
``(d) Inventory Updates and Reports.--
``(1) In general.--The Secretary shall--
``(A) annually revise the inventories authorized by
subsection (b); and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the inventories.
``(2) Inspection report.--Not later than 2 years after the date
of enactment of the MAP-21, each State and appropriate Federal
agency shall report element level data to the Secretary, as each
bridge is inspected pursuant to this section, for all highway
bridges on the National Highway System.
``(3) Guidance.--The Secretary shall provide guidance to States
and Federal agencies for implementation of this subsection, while
respecting the existing inspection schedule of each State.
``(4) Bridges not on national highway system.--The Secretary
shall--
``(A) conduct a study on the benefits, cost-effectiveness,
and feasibility of requiring element-level data collection for
bridges not on the National Highway System; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the study.
``(e) Bridges Without Taxing Powers.--
``(1) In general.--Notwithstanding any other provision of law,
any bridge that is owned and operated by an agency that does not
have taxing powers and whose functions include operating a
federally assisted public transit system subsidized by toll
revenues shall be eligible for assistance under this title, but the
amount of such assistance shall in no event exceed the cumulative
amount which such agency has expended for capital and operating
costs to subsidize such transit system.
``(2) Insufficient assets.--Before authorizing an expenditure
of funds under this subsection, the Secretary shall determine that
the applicant agency has insufficient reserves, surpluses, and
projected revenues (over and above those required for bridge and
transit capital and operating costs) to fund the bridge project or
activity eligible for assistance under this title.
``(3) Crediting of non-federal funds.--Any non-Federal funds
expended for the seismic retrofit of the bridge may be credited
toward the non-Federal share required as a condition of receipt of
any Federal funds for seismic retrofit of the bridge made available
after the date of the expenditure.
``(f) Replacement of Destroyed Bridges and Ferry Boat Service.--
``(1) In general.--Notwithstanding any other provision of law,
a State may use the funds apportioned under section 104(b)(2) to
construct any bridge that replaces--
``(A) any low water crossing (regardless of the length of
the low water crossing);
``(B) any bridge that was destroyed prior to January 1,
1965;
``(C) any ferry that was in existence on January 1, 1984;
or
``(D) any road bridge that is rendered obsolete as a result
of a Corps of Engineers flood control or channelization project
and is not rebuilt with funds from the Corps of Engineers.
``(2) Federal share.--The Federal share payable on any bridge
construction carried out under paragraph (1) shall be 80 percent of
the cost of the construction.
``(g) Historic Bridges.--
``(1) Definition of historic bridge.--In this subsection, the
term `historic bridge' means any bridge that is listed on, or
eligible for listing on, the National Register of Historic Places.
``(2) Coordination.--The Secretary shall, in cooperation with
the States, encourage the retention, rehabilitation, adaptive
reuse, and future study of historic bridges.
``(3) State inventory.--The Secretary shall require each State
to complete an inventory of all bridges on and off Federal-aid
highways to determine the historic significance of the bridges.
``(4) Eligibility.--
``(A) In general.--Subject to subparagraph (B), reasonable
costs associated with actions to preserve, or reduce the impact
of a project under this chapter on, the historic integrity of a
historic bridge shall be eligible as reimbursable project costs
under section 133 if the load capacity and safety features of
the historic bridge are adequate to serve the intended use for
the life of the historic bridge.
``(B) Bridges not used for vehicle traffic.--In the case of
a historic bridge that is no longer used for motorized
vehicular traffic, the costs eligible as reimbursable project
costs pursuant to this chapter shall not exceed the estimated
cost of demolition of the historic bridge.
``(5) Preservation.--Any State that proposes to demolish a
historic bridge for a replacement project with funds made available
to carry out this section shall first make the historic bridge
available for donation to a State, locality, or responsible private
entity if the State, locality, or responsible entity enters into an
agreement--
``(A) to maintain the bridge and the features that give the
historic bridge its historic significance; and
``(B) to assume all future legal and financial
responsibility for the historic bridge, which may include an
agreement to hold the State transportation department harmless
in any liability action.
``(6) Costs incurred.--
``(A) In general.--Costs incurred by the State to preserve
a historic bridge (including funds made available to the State,
locality, or private entity to enable it to accept the bridge)
shall be eligible as reimbursable project costs under this
chapter in an amount not to exceed the cost of demolition.
``(B) Additional funding.--Any bridge preserved pursuant to
this paragraph shall not be eligible for any other funds
authorized pursuant to this title.
``(h) National Bridge and Tunnel Inspection Standards.--
``(1) Requirement.--
``(A) In general.--The Secretary shall establish and
maintain inspection standards for the proper inspection and
evaluation of all highway bridges and tunnels for safety and
serviceability.
``(B) Uniformity.--The standards under this subsection
shall be designed to ensure uniformity of the inspections and
evaluations.
``(2) Minimum requirements of inspection standards.--The
standards established under paragraph (1) shall, at a minimum--
``(A) specify, in detail, the method by which the
inspections shall be carried out by the States, Federal
agencies, and tribal governments;
``(B) establish the maximum time period between
inspections;
``(C) establish the qualifications for those charged with
carrying out the inspections;
``(D) require each State, Federal agency, and tribal
government to maintain and make available to the Secretary on
request--
``(i) written reports on the results of highway bridge
and tunnel inspections and notations of any action taken
pursuant to the findings of the inspections; and
``(ii) current inventory data for all highway bridges
and tunnels reflecting the findings of the most recent
highway bridge and tunnel inspections conducted; and
``(E) establish a procedure for national certification of
highway bridge inspectors and tunnel inspectors.
``(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
``(A) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures to conduct reviews of
State compliance with--
``(i) the standards established under this subsection;
and
``(ii) the calculation or reevaluation of bridge load
ratings; and
``(B) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures for States to follow
in reporting to the Secretary--
``(i) critical findings relating to structural or
safety-related deficiencies of highway bridges and tunnels;
and
``(ii) monitoring activities and corrective actions
taken in response to a critical finding described in clause
(i).
``(4) Reviews of state compliance.--
``(A) In general.--The Secretary shall annually review
State compliance with the standards established under this
section.
``(B) Noncompliance.--If an annual review in accordance
with subparagraph (A) identifies noncompliance by a State, the
Secretary shall--
``(i) issue a report detailing the issues of the
noncompliance by December 31 of the calendar year in which
the review was made; and
``(ii) provide the State an opportunity to address the
noncompliance by--
``(I) developing a corrective action plan to remedy
the noncompliance; or
``(II) resolving the issues of noncompliance not
later than 45 days after the date of notification.
``(5) Penalty for noncompliance.--
``(A) In general.--If a State fails to satisfy the
requirements of paragraph (4)(B) by August 1 of the calendar
year following the year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and each year
thereafter as may be necessary, require the State to dedicate
funds apportioned to the State under sections 119 and 133 after
the date of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection standards established
under this subsection.
``(B) Amount.--The amount of the funds to be directed to
correcting noncompliance in accordance with subparagraph (A)
shall--
``(i) be determined by the State based on an analysis
of the actions needed to address the noncompliance; and
``(ii) require approval by the Secretary.
``(6) Update of standards.--Not later than 3 years after the
date of enactment of the MAP-21, the Secretary shall update
inspection standards to cover--
``(A) the methodology, training, and qualifications for
inspectors; and
``(B) the frequency of inspection.
``(7) Risk-based approach.--In carrying out the revisions
required by paragraph (6), the Secretary shall consider a risk-
based approach to determining the frequency of bridge inspections.
``(i) Training Program for Bridge and Tunnel Inspectors.--
``(1) In general.--The Secretary, in cooperation with the State
transportation departments, shall maintain a program designed to
train appropriate personnel to carry out highway bridge and tunnel
inspections.
``(2) Revisions.--The training program shall be revised from
time to time to take into account new and improved techniques.
``(j) Availability of Funds.--In carrying out this section--
``(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
``(2) a State may use amounts apportioned to the State under
section 104(b)(1) and 104(b)(3);
``(3) an Indian tribe may use funds made available to the
Indian tribe under section 202; and
``(4) a Federal agency may use funds made available to the
agency under section 503.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. National bridge and tunnel inventory and inspection standards.''.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended to read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) High risk rural road.--The term `high risk rural road'
means any roadway functionally classified as a rural major or minor
collector or a rural local road with significant safety risks, as
defined by a State in accordance with an updated State strategic
highway safety plan.
``(2) Highway basemap.--The term `highway basemap' means a
representation of all public roads that can be used to geolocate
attribute data on a roadway.
``(3) Highway safety improvement program.--The term `highway
safety improvement program' means projects, activities, plans, and
reports carried out under this section.
``(4) Highway safety improvement project.--
``(A) In general.--The term `highway safety improvement
project' means strategies, activities, and projects on a public
road that are consistent with a State strategic highway safety
plan and--
``(i) correct or improve a hazardous road location or
feature; or
``(ii) address a highway safety problem.
``(B) Inclusions.--The term `highway safety improvement
project' includes, but is not limited to, a project for 1 or
more of the following:
``(i) An intersection safety improvement.
``(ii) Pavement and shoulder widening (including
addition of a passing lane to remedy an unsafe condition).
``(iii) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility of
bicyclists and pedestrians, including persons with
disabilities.
``(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
``(v) An improvement for pedestrian or bicyclist safety
or safety of persons with disabilities.
``(vi) Construction and improvement of a railway-
highway grade crossing safety feature, including
installation of protective devices.
``(vii) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
``(viii) Construction of a traffic calming feature.
``(ix) Elimination of a roadside hazard.
``(x) Installation, replacement, and other improvement
of highway signage and pavement markings, or a project to
maintain minimum levels of retroreflectivity, that
addresses a highway safety problem consistent with a State
strategic highway safety plan.
``(xi) Installation of a priority control system for
emergency vehicles at signalized intersections.
``(xii) Installation of a traffic control or other
warning device at a location with high crash potential.
``(xiii) Transportation safety planning.
``(xiv) Collection, analysis, and improvement of safety
data.
``(xv) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police
assistance) relating to work zone safety.
``(xvi) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of road users and workers), and crash
attenuators.
``(xvii) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
``(xviii) Installation of yellow-green signs and
signals at pedestrian and bicycle crossings and in school
zones.
``(xix) Construction and operational improvements on
high risk rural roads.
``(xx) Geometric improvements to a road for safety
purposes that improve safety.
``(xxi) A road safety audit.
``(xxii) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration entitled
`Highway Design Handbook for Older Drivers and Pedestrians'
(FHWA-RD-01-103), dated May 2001 or as subsequently revised
and updated.
``(xxiii) Truck parking facilities eligible for funding
under section 1401 of the MAP-21.
``(xxiv) Systemic safety improvements.
``(5) Model inventory of roadway elements.--The term `model
inventory of roadway elements' means the listing and standardized
coding by the Federal Highway Administration of roadway and traffic
data elements critical to safety management, analysis, and
decisionmaking.
``(6) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum levels of
retroreflectivity' means a project that is designed to maintain a
highway sign or pavement marking retroreflectivity at or above the
minimum levels prescribed in Federal or State regulations.
``(7) Road safety audit.--The term `road safety audit' means a
formal safety performance examination of an existing or future road
or intersection by an independent multidisciplinary audit team.
``(8) Road users.--The term `road user' means a motorist,
passenger, public transportation operator or user, truck driver,
bicyclist, motorcyclist, or pedestrian, including a person with
disabilities.
``(9) Safety data.--
``(A) In general.--The term `safety data' means crash,
roadway, and traffic data on a public road.
``(B) Inclusion.--The term `safety data' includes, in the
case of a railway-highway grade crossing, the characteristics
of highway and train traffic, licensing, and vehicle data.
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project under any other
section' means a project carried out for the purpose of safety
under any other section of this title.
``(B) Inclusion.--The term `safety project under any other
section' includes--
``(i) a project consistent with the State strategic
highway safety plan that promotes the awareness of the
public and educates the public concerning highway safety
matters (including motorcycle safety);
``(ii) a project to enforce highway safety laws; and
``(iii) a project to provide infrastructure and
infrastructure-related equipment to support emergency
services.
``(11) State highway safety improvement program.--The term
`State highway safety improvement program' means a program of
highway safety improvement projects, activities, plans and reports
carried out as part of the Statewide transportation improvement
program under section 135(g).
``(12) State strategic highway safety plan.--The term `State
strategic highway safety plan' means a comprehensive plan, based on
safety data, developed by a State transportation department that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the Governor
of the State;
``(ii) regional transportation planning organizations
and metropolitan planning organizations, if any;
``(iii) representatives of major modes of
transportation;
``(iv) State and local traffic enforcement officials;
``(v) a highway-rail grade crossing safety
representative of the Governor of the State;
``(vi) representatives conducting a motor carrier
safety program under section 31102, 31106, or 31309 of
title 49;
``(vii) motor vehicle administration agencies;
``(viii) county transportation officials;
``(ix) State representatives of nonmotorized users; and
``(x) other major Federal, State, tribal, and local
safety stakeholders;
``(B) analyzes and makes effective use of State, regional,
local, or tribal safety data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency communications)
of highway safety as key factors in evaluating highway
projects;
``(D) considers safety needs of, and high-fatality segments
of, all public roads, including non-State-owned public roads
and roads on tribal land;
``(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
``(F) describes a program of strategies to reduce or
eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency;
``(H) is consistent with section 135(g); and
``(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
``(13) Systemic safety improvement.--The term `systemic safety
improvement' means an improvement that is widely implemented based
on high-risk roadway features that are correlated with particular
crash types, rather than crash frequency.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety improvement
program shall be to achieve a significant reduction in traffic
fatalities and serious injuries on all public roads, including non-
State-owned public roads and roads on tribal land.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned under section
104(b)(3) to carry out this section, a State shall have in effect a
State highway safety improvement program under which the State--
``(A) develops, implements, and updates a State strategic
highway safety plan that identifies and analyzes highway safety
problems and opportunities as provided in subsections (a)(12)
and (d);
``(B) produces a program of projects or strategies to
reduce identified safety problems; and
``(C) evaluates the strategic highway safety plan on a
regularly recurring basis in accordance with subsection (d)(1)
to ensure the accuracy of the data and priority of proposed
strategies.
``(2) Identification and analysis of highway safety problems
and opportunities.--As part of the State highway safety improvement
program, a State shall--
``(A) have in place a safety data system with the ability
to perform safety problem identification and countermeasure
analysis--
``(i) to improve the timeliness, accuracy,
completeness, uniformity, integration, and accessibility of
the safety data on all public roads, including non-State-
owned public roads and roads on tribal land in the State;
``(ii) to evaluate the effectiveness of data
improvement efforts;
``(iii) to link State data systems, including traffic
records, with other data systems within the State;
``(iv) to improve the compatibility and
interoperability of safety data with other State
transportation-related data systems and the compatibility
and interoperability of State safety data systems with data
systems of other States and national data systems;
``(v) to enhance the ability of the Secretary to
observe and analyze national trends in crash occurrences,
rates, outcomes, and circumstances; and
``(vi) to improve the collection of data on
nonmotorized crashes;
``(B) based on the analysis required by subparagraph (A)--
``(i) identify hazardous locations, sections, and
elements (including roadside obstacles, railway-highway
crossing needs, and unmarked or poorly marked roads) that
constitute a danger to motorists (including motorcyclists),
bicyclists, pedestrians, and other highway users;
``(ii) using such criteria as the State determines to
be appropriate, establish the relative severity of those
locations, in terms of crashes (including crash rates),
fatalities, serious injuries, traffic volume levels, and
other relevant data;
``(iii) identify the number of fatalities and serious
injuries on all public roads by location in the State;
``(iv) identify highway safety improvement projects on
the basis of crash experience, crash potential, crash rate,
or other data-supported means; and
``(v) consider which projects maximize opportunities to
advance safety;
``(C) adopt strategic and performance-based goals that--
``(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
``(ii) focus resources on areas of greatest need; and
``(iii) are coordinated with other State highway safety
programs;
``(D) advance the capabilities of the State for safety data
collection, analysis, and integration in a manner that--
``(i) complements the State highway safety program
under chapter 4 and the commercial vehicle safety plan
under section 31102 of title 49;
``(ii) includes all public roads, including public non-
State-owned roads and roads on tribal land;
``(iii) identifies hazardous locations, sections, and
elements on all public roads that constitute a danger to
motorists (including motorcyclists), bicyclists,
pedestrians, persons with disabilities, and other highway
users;
``(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii)
in terms of crashes (including crash rate), serious
injuries, fatalities, and traffic volume levels; and
``(v) improves the ability of the State to identify the
number of fatalities and serious injuries on all public
roads in the State with a breakdown by functional
classification and ownership in the State;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified through
safety data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and hazard
prevention; and
``(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement projects
carried out in accordance with procedures and criteria
established by this section; and
``(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
``(d) Updates to Strategic Highway Safety Plans.--
``(1) Establishment of requirements.--
``(A) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary shall establish
requirements for regularly recurring State updates of strategic
highway safety plans.
``(B) Contents of updated strategic highway safety plans.--
In establishing requirements under this subsection, the
Secretary shall ensure that States take into consideration,
with respect to updated strategic highway safety plans--
``(i) the findings of road safety audits;
``(ii) the locations of fatalities and serious
injuries;
``(iii) the locations that do not have an empirical
history of fatalities and serious injuries, but possess
risk factors for potential crashes;
``(iv) rural roads, including all public roads,
commensurate with fatality data;
``(v) motor vehicle crashes that include fatalities or
serious injuries to pedestrians and bicyclists;
``(vi) the cost-effectiveness of improvements;
``(vii) improvements to rail-highway grade crossings;
and
``(viii) safety on all public roads, including non-
State-owned public roads and roads on tribal land.
``(2) Approval of updated strategic highway safety plans.--
``(A) In general.--Each State shall--
``(i) update the strategic highway safety plans of the
State in accordance with the requirements established by
the Secretary under this subsection; and
``(ii) submit the updated plans to the Secretary, along
with a detailed description of the process used to update
the plan.
``(B) Requirements for approval.--The Secretary shall not
approve the process for an updated strategic highway safety
plan unless--
``(i) the updated strategic highway safety plan is
consistent with the requirements of this subsection and
subsection (a)(12); and
``(ii) the process used is consistent with the
requirements of this subsection.
``(3) Penalty for failure to have an approved updated strategic
highway safety plan.--If a State does not have an updated strategic
highway safety plan with a process approved by the Secretary by
August 1 of the fiscal year beginning after the date of
establishment of the requirements under paragraph (1), the State
shall not be eligible to receive any additional limitation pursuant
to the redistribution of the limitation on obligations for Federal-
aid highway and highway safety construction programs that occurs
after August 1 for each succeeding fiscal year until the fiscal
year during which the plan is approved.
``(e) Eligible Projects.--
``(1) In general.--Funds apportioned to the State under section
104(b)(3) may be obligated to carry out--
``(A) any highway safety improvement project on any public
road or publicly owned bicycle or pedestrian pathway or trail;
``(B) as provided in subsection (g); or
``(C) any project to maintain minimum levels of
retroreflectivity with respect to a public road, without regard
to whether the project is included in an applicable State
strategic highway safety plan.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section prohibits
the use of funds made available under other provisions of this
title for highway safety improvement projects.
``(B) Use of other funds.--States are encouraged to address
the full scope of the safety needs and opportunities of the
States by using funds made available under other provisions of
this title (except a provision that specifically prohibits that
use).
``(f) Data Improvement.--
``(1) Definition of data improvement activities.--In this
subsection, the following definitions apply:
``(A) In general.--The term `data improvement activities'
means a project or activity to further the capacity of a State
to make more informed and effective safety infrastructure
investment decisions.
``(B) Inclusions.--The term `data improvement activities'
includes a project or activity--
``(i) to create, update, or enhance a highway basemap
of all public roads in a State;
``(ii) to collect safety data, including data
identified as part of the model inventory for roadway
elements, for creation of or use on a highway basemap of
all public roads in a State;
``(iii) to store and maintain safety data in an
electronic manner;
``(iv) to develop analytical processes for safety data
elements;
``(v) to acquire and implement roadway safety analysis
tools; and
``(vi) to support the collection, maintenance, and
sharing of safety data on all public roads and related
systems associated with the analytical usage of that data.
``(2) Model inventory of roadway elements.--The Secretary
shall--
``(A) establish a subset of the model inventory of roadway
elements that are useful for the inventory of roadway safety;
and
``(B) ensure that States adopt and use the subset to
improve data collection.
``(g) Special Rules.--
``(1) High-risk rural road safety.--If the fatality rate on
rural roads in a State increases over the most recent 2-year period
for which data are available, that State shall be required to
obligate in the next fiscal year for projects on high risk rural
roads an amount equal to at least 200 percent of the amount of
funds the State received for fiscal year 2009 for high risk rural
roads under subsection (f) of this section, as in effect on the day
before the date of enactment of the MAP-21.
``(2) Older drivers.--If traffic fatalities and serious
injuries per capita for drivers and pedestrians over the age of 65
in a State increases during the most recent 2-year period for which
data are available, that State shall be required to include, in the
subsequent Strategic Highway Safety Plan of the State, strategies
to address the increases in those rates, taking into account the
recommendations included in the publication of the Federal Highway
Administration entitled `Highway Design Handbook for Older Drivers
and Pedestrians' (FHWA-RD-01-103), and dated May 2001, or as
subsequently revised and updated.
``(h) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes progress being made to implement highway
safety improvement projects under this section;
``(B) assesses the effectiveness of those improvements; and
``(C) describes the extent to which the improvements funded
under this section have contributed to reducing--
``(i) the number and rate of fatalities on all public
roads with, to the maximum extent practicable, a breakdown
by functional classification and ownership in the State;
``(ii) the number and rate of serious injuries on all
public roads with, to the maximum extent practicable, a
breakdown by functional classification and ownership in the
State; and
``(iii) the occurrences of fatalities and serious
injuries at railway-highway crossings.
``(2) Contents; schedule.--The Secretary shall establish the
content and schedule for the submission of the report under
paragraph (1).
``(3) Transparency.--The Secretary shall make strategic highway
safety plans submitted under subsection (d) and reports submitted
under this subsection available to the public through--
``(A) the website of the Department; and
``(B) such other means as the Secretary determines to be
appropriate.
``(4) Discovery and admission into evidence of certain reports,
surveys, and information.--Notwithstanding any other provision of
law, reports, surveys, schedules, lists, or data compiled or
collected for any purpose relating to this section, shall not be
subject to discovery or admitted into evidence in a Federal or
State court proceeding or considered for other purposes in any
action for damages arising from any occurrence at a location
identified or addressed in the reports, surveys, schedules, lists,
or other data.
``(i) State Performance Targets.--If the Secretary determines that
a State has not met or made significant progress toward meeting the
performance targets of the State established under section 150(d) by
the date that is 2 years after the date of the establishment of the
performance targets, the State shall--
``(1) use obligation authority equal to the apportionment of
the State for the prior year under section 104(b)(3) only for
highway safety improvement projects under this section until the
Secretary determines that the State has met or made significant
progress toward meeting the performance targets of the State; and
``(2) submit annually to the Secretary, until the Secretary
determines that the State has met or made significant progress
toward meeting the performance targets of the State, an
implementation plan that--
``(A) identifies roadway features that constitute a hazard
to road users;
``(B) identifies highway safety improvement projects on the
basis of crash experience, crash potential, or other data-
supported means;
``(C) describes how highway safety improvement program
funds will be allocated, including projects, activities, and
strategies to be implemented;
``(D) describes how the proposed projects, activities, and
strategies funded under the State highway safety improvement
program will allow the State to make progress toward achieving
the safety performance targets of the State; and
``(E) describes the actions the State will undertake to
meet the performance targets of the State.
``(j) Federal Share of Highway Safety Improvement Projects.--Except
as provided in sections 120 and 130, the Federal share of the cost of a
highway safety improvement project carried out with funds apportioned
to a State under section 104(b)(3) shall be 90 percent.''.
(b) Study of High-risk Rural Roads Best Practices.--
(1) Study.--
(A) In general.--The Secretary shall conduct a study of the
best practices for implementing cost-effective roadway safety
infrastructure improvements on high-risk rural roads.
(B) Methodology.--In carrying out the study, the Secretary
shall--
(i) conduct a thorough literature review;
(ii) survey current practices of State departments of
transportation; and
(iii) survey current practices of local units of
government, as appropriate.
(C) Consultation.--In carrying out the study, the Secretary
shall consult with--
(i) State departments of transportation;
(ii) county engineers and public works professionals;
(iii) appropriate local officials; and
(iv) appropriate private sector experts in the field of
roadway safety infrastructure.
(2) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study.
(B) Contents.--The report shall include--
(i) a summary of cost-effective roadway safety
infrastructure improvements;
(ii) a summary of the latest research on the financial
savings and reduction in fatalities and serious bodily
injury crashes from the implementation of cost-effective
roadway safety infrastructure improvements; and
(iii) recommendations for State and local governments
on best practice methods to install cost-effective roadway
safety infrastructure on high-risk rural roads.
(3) Manual.--
(A) Development.--Based on the results of the study under
paragraph (2), the Secretary, in consultation with the
individuals and entities described in paragraph (1)(C), shall
develop a best practices manual to support Federal, State, and
local efforts to reduce fatalities and serious bodily injury
crashes on high-risk rural roads through the use of cost-
effective roadway safety infrastructure improvements.
(B) Availability.--The manual shall be made available to
State and local governments not later than 180 days after the
date of submission of the report under paragraph (2).
(C) Contents.--The manual shall include, at a minimum, a
list of cost-effective roadway safety infrastructure
improvements and best practices on the installation of cost-
effective roadway safety infrastructure improvements on high-
risk rural roads.
(D) Use of manual.--Use of the manual shall be voluntary
and the manual shall not establish any binding standards or
legal duties on State or local governments, or any other
person.
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``in subsection (c)'' and inserting ``in
subsection (d)''; and
(B) by striking ``section 104(b)(2)'' and inserting
``section 104(b)(4)'';
(2) in paragraph (5)--
(A) by inserting ``add turning lanes,'' after ``improve
intersections,''; and
(B) by striking ``paragraph;'' and inserting ``paragraph,
including programs or projects to improve incident and
emergency response or improve mobility, such as through real-
time traffic, transit, and multimodal traveler information;'';
(3) in paragraph (6) by striking ``or'' at the end;
(4) in paragraph (7)(A)(ii) by striking ``published in the list
under subsection (f)(2)'' and inserting ``verified technologies (as
defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C.
16131))'';
(5) by striking the matter following paragraph (7);
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
``(7) if the project or program shifts traffic demand to
nonpeak hours or other transportation modes, increases vehicle
occupancy rates, or otherwise reduces demand for roads through such
means as telecommuting, ridesharing, carsharing, alternative work
hours, and pricing; or''.
(b) Special Rules.--Section 149 of title 23, United States Code, is
amended--
(1) by redesignating subsections (c) through (h) as subsections
(d) through (i) respectively;
(2) by inserting after subsection (b) the following:
``(c) Special Rules.--
``(1) Projects for pm-10 nonattainment areas.--A State may
obligate funds apportioned to the State under section 104(b)(4) for
a project or program for an area that is nonattainment for ozone or
carbon monoxide, or both, and for PM-10 resulting from
transportation activities, without regard to any limitation of the
Department of Transportation relating to the type of ambient air
quality standard such project or program addresses.
``(2) Electric vehicle and natural gas vehicle
infrastructure.--A State may obligate funds apportioned under
section 104(b)(4) for a project or program to establish electric
vehicle charging stations or natural gas vehicle refueling stations
for the use of battery powered or natural gas fueled trucks or
other motor vehicles at any location in the State except that such
stations may not be established or supported where commercial
establishments serving motor vehicle users are prohibited by
section 111 of title 23, United States Code.
``(3) HOV facilities.--No funds may be provided under this
section for a project which will result in the construction of new
capacity available to single occupant vehicles unless the project
consists of a high occupancy vehicle facility available to single
occupant vehicles only at other than peak travel times.'';
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:
``(d) States Flexibility.--
``(1) States without a nonattainment area.--If a State does not
have, and never has had, a nonattainment area designated under the
Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds
apportioned to the State under section 104(b)(4) for any project in
the State that--
``(A) would otherwise be eligible under subsection (b) as
if the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a nonattainment area or
maintenance area and received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day before the date
of enactment of the MAP-21, above the amount of funds that the
State would have received based on the nonattainment and
maintenance area population of the State under subparagraphs
(B) and (C) of section 104(b)(2), as in effect on the day
before the date of enactment of the MAP-21, the State may use
for any project that is eligible under the surface
transportation program under section 133 an amount of funds
apportioned to such State under section 104(b)(4) that is equal
to the product obtained by multiplying--
``(i) the amount apportioned to such State under
section 104(b)(4) (excluding the amount of funds reserved
under paragraph (l)); by
``(ii) the ratio calculated under subparagraph (B).
``(B) Ratio.--For purposes of this paragraph, the ratio
shall be calculated as the proportion that--
``(i) the amount for fiscal year 2009 such State was
permitted by section 149(c)(2), as in effect on the day
before the date of enactment of the MAP-21, to obligate in
any area of the State for projects eligible under section
133, as in effect on the day before the date of enactment
of the MAP-21t; bears to
``(ii) the total apportionment to such State for fiscal
year 2009 under section 104(b)(2), as in effect on the day
before the date of enactment of the MAP-21.
``(3) Changes in designation.--If a new nonattainment area is
designated or a previously designated nonattainment area is
redesignated as an attainment area in a State under the Clean Air
Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the amount
such State is permitted to obligate in any area of the State for
projects eligible under section 133.'';
(4) in subsection (f)(3) (as redesignated by paragraph (1)) by
striking ``104(b)(2)'' and inserting ``104(b)(4)'';
(5) in subsection (g) (as redesignated by paragraph (1)) by
striking paragraph (3) and inserting the following:
``(3) Priority consideration.--States and metropolitan planning
organizations shall give priority in areas designated as
nonattainment or maintenance for PM2.5 under the Clean Air Act (42
U.S.C. 7401 et seq.) in distributing funds received for congestion
mitigation and air quality projects and programs from
apportionments under section 104(b)(4) to projects that are proven
to reduce PM2.5, including diesel retrofits.'';
(6) by striking subsection (i) (as redesignated by paragraph
(1)) and inserting the following:
``(i) Evaluation and Assessment of Projects.--
``(1) Database.--
``(A) In general.--Using appropriate assessments of
projects funded under the congestion mitigation and air quality
program and results from other research, the Secretary shall
maintain and disseminate a cumulative database describing the
impacts of the projects, including specific information about
each project, such as the project name, location, sponsor,
cost, and, to the extent already measured by the project
sponsor, cost-effectiveness, based on reductions in congestion
and emissions.
``(B) Availability.--The database shall be published or
otherwise made readily available by the Secretary in
electronically accessible format and means, such as the
Internet, for public review.
``(2) Cost effectiveness.--
``(A) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate projects on a periodic basis and develop a table or
other similar medium that illustrates the cost-effectiveness of
a range of project types eligible for funding under this
section as to how the projects mitigate congestion and improve
air quality.
``(B) Contents.--The table described in subparagraph (A)
shall show measures of cost-effectiveness, such as dollars per
ton of emissions reduced, and assess those measures over a
variety of timeframes to capture impacts on the planning
timeframes outlined in section 134.
``(C) Use of table.--States and metropolitan planning
organizations shall consider the information in the table when
selecting projects or developing performance plans under
subsection (l).
``(j) Optional Programmatic Eligibility.--
``(1) In general.--At the discretion of a metropolitan planning
organization, a technical assessment of a selected program of
projects may be conducted through modeling or other means to
demonstrate the emissions reduction projection required under this
section.
``(2) Applicability.--If an assessment described in paragraph
(1) successfully demonstrates an emissions reduction, all projects
included in such assessment shall be eligible for obligation under
this section without further demonstration of emissions reduction
of individual projects included in such assessment.
``(k) Priority for Use of Funds in PM2.5 Areas.--
``(1) In general.--For any State that has a nonattainment or
maintenance area for fine particulate matter, an amount equal to 25
percent of the funds apportioned to each State under section
104(b)(4) for a nonattainment or maintenance area that are based
all or in part on the weighted population of such area in fine
particulate matter nonattainment shall be obligated to projects
that reduce such fine particulate matter emissions in such area,
including diesel retrofits.
``(2) Construction equipment and vehicles.--In order to meet
the requirements of paragraph (1), a State or metropolitan planning
organization may elect to obligate funds to install diesel emission
control technology on nonroad diesel equipment or on-road diesel
equipment that is operated on a highway construction project within
a PM2.5 nonattainment or maintenance area.
``(l) Performance Plan.--
``(1) In general.--Each metropolitan planning organization
serving a transportation management area (as defined in section
134) with a population over 1,000,000 people representing a
nonattainment or maintenance area shall develop a performance plan
that--
``(A) includes an area baseline level for traffic
congestion and on-road mobile source emissions for which the
area is in nonattainment or maintenance;
``(B) describes progress made in achieving the performance
targets described in section 150(d); and
``(C) includes a description of projects identified for
funding under this section and how such projects will
contribute to achieving emission and traffic congestion
reduction targets.
``(2) Updated plans.--Performance plans shall be updated
biennially and include a separate report that assesses the progress
of the program of projects under the previous plan in achieving the
air quality and traffic congestion targets of the previous plan.
``(m) Operating Assistance.--A State may obligate funds apportioned
under section 104(b)(2) in an area of such State that is otherwise
eligible for obligations of such funds for operating costs under
chapter 53 of title 49 or on a system that was previously eligible
under this section.''.
(c) Air Quality and Congestion Mitigation Measure Outcomes
Assessment Study.--
(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall examine
the outcomes of actions funded under the congestion mitigation and
air quality improvement program since the date of enactment of the
SAFETEA-LU (Public Law 109-59).
(2) Goals.--The goals of the program shall include--
(A) the assessment and documentation, through outcomes
research conducted on a representative sample of cases, of--
(i) the emission reductions achieved by federally
supported surface transportation actions intended to reduce
emissions or lessen traffic congestion; and
(ii) the air quality and human health impacts of those
actions, including potential unrecognized or indirect
consequences, attributable to those actions;
(B) an expanded base of empirical evidence on the air
quality and human health impacts of actions described in
paragraph (1); and
(C) an increase in knowledge of--
(i) the factors determining the air quality and human
health changes associated with transportation emission
reduction actions; and
(ii) other information to more accurately understand
the validity of current estimation and modeling routines
and ways to improve those routines.
(3) Administrative elements.--To carry out this subsection, the
Secretary shall--
(A) make a grant for the coordination, selection,
management, and reporting of component studies to an
independent scientific research organization with the necessary
experience in successfully conducting accountability and other
studies on mobile source air pollutants and associated health
effects;
(B) ensure that case studies are identified and conducted
by teams selected through a competitive solicitation overseen
by an independent committee of unbiased experts; and
(C) ensure that all findings and reports are peer-reviewed
and published in a form that presents the findings together
with reviewer comments.
(4) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
(A) not later than 1 year after the date of enactment of
the MAP-21, and for the following year, a report providing an
initial scoping and plan, and status updates, respectively, for
the program under this subsection; and
(B) not later than 2 years after the date of enactment of
the MAP-21, a final report that describes the findings of, and
recommendations resulting from, the program under this
subsection.
(5) Funding.--Of the amounts made available to carry out
section 104(a) for fiscal year 2013, the Secretary shall make
available to carry out this subsection not more than $1,000,000.
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States Code, is
amended to read as follows:
``Sec. 165. Territorial and Puerto Rico highway program
``(a) Division of Funds.--Of funds made available in a fiscal year
for the territorial and Puerto Rico highway program--
``(1) $150,000,000 shall be for the Puerto Rico highway program
under subsection (b); and
``(2) $40,000,000 shall be for the territorial highway program
under subsection (c).
``(b) Puerto Rico Highway Program.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth of
Puerto Rico to carry out a highway program in the Commonwealth.
``(2) Treatment of funds.--Amounts made available to carry out
this subsection for a fiscal year shall be administered as follows:
``(A) Apportionment.--
``(i) In general.--For the purpose of imposing any
penalty under this title or title 49, the amounts shall be
treated as being apportioned to Puerto Rico under sections
104(b) and 144 (as in effect for fiscal year 1997) for each
program funded under those sections in an amount determined
by multiplying--
``(I) the aggregate of the amounts for the fiscal
year; by
``(II) the proportion that--
``(aa) the amount of funds apportioned to
Puerto Rico for each such program for fiscal year
1997; bears to
``(bb) the total amount of funds apportioned to
Puerto Rico for all such programs for fiscal year
1997.
``(ii) Exception.--Funds identified under clause (i) as
having been apportioned for the national highway system,
the surface transportation program, and the Interstate
maintenance program shall be deemed to have been
apportioned 50 percent for the national highway performance
program and 50 percent for the surface transportation
program for purposes of imposing such penalties.
``(B) Penalty.--The amounts treated as being apportioned to
Puerto Rico under each section referred to in subparagraph (A)
shall be deemed to be required to be apportioned to Puerto Rico
under that section for purposes of the imposition of any
penalty under this title or title 49.
``(C) Eligible uses of funds.--Of amounts allocated to
Puerto Rico for the Puerto Rico Highway Program for a fiscal
year--
``(i) at least 50 percent shall be available only for
purposes eligible under section 119;
``(ii) at least 25 percent shall be available only for
purposes eligible under section 148; and
``(iii) any remaining funds may be obligated for
activities eligible under chapter 1.
``(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be eligible to receive
funds apportioned to States under this title.
``(c) Territorial Highway Program.--
``(1) Territory defined.--In this subsection, the term
`territory' means any of the following territories of the United
States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(2) Program.--
``(A) In general.--Recognizing the mutual benefits that
will accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each government of a territory in
the construction and improvement of a system of arterial and
collector highways, and necessary inter-island connectors, that
is--
``(i) designated by the Governor or chief executive
officer of each territory; and
``(ii) approved by the Secretary.
``(B) Federal share.--The Federal share of Federal
financial assistance provided to territories under this
subsection shall be in accordance with section 120(g).
``(3) Technical assistance.--
``(A) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable the
territories, on a continuing basis--
``(i) to engage in highway planning;
``(ii) to conduct environmental evaluations;
``(iii) to administer right-of-way acquisition and
relocation assistance programs; and
``(iv) to design, construct, operate, and maintain a
system of arterial and collector highways, including
necessary inter-island connectors.
``(B) Form and terms of assistance.--Technical assistance
provided under subparagraph (A), and the terms for the sharing
of information among territories receiving the technical
assistance, shall be included in the agreement required by
paragraph (5).
``(4) Nonapplicability of certain provisions.--
``(A) In general.--Except to the extent that provisions of
this chapter are determined by the Secretary to be inconsistent
with the needs of the territories and the intent of this
subsection, this chapter (other than provisions of this chapter
relating to the apportionment and allocation of funds) shall
apply to funds made available under this subsection.
``(B) Applicable provisions.--The agreement required by
paragraph (5) for each territory shall identify the sections of
this chapter that are applicable to that territory and the
extent of the applicability of those sections.
``(5) Agreement.--
``(A) In general.--Except as provided in subparagraph (D),
none of the funds made available under this subsection shall be
available for obligation or expenditure with respect to any
territory until the chief executive officer of the territory
has entered into an agreement (including an agreement entered
into under section 215 as in effect on the day before the
enactment of this section) with the Secretary providing that
the government of the territory shall--
``(i) implement the program in accordance with
applicable provisions of this chapter and paragraph (4);
``(ii) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--
``(I) appropriate for each territory; and
``(II) approved by the Secretary;
``(iii) provide for the maintenance of facilities
constructed or operated under this subsection in a
condition to adequately serve the needs of present and
future traffic; and
``(iv) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
``(B) Technical assistance.--The agreement required by
subparagraph (A) shall--
``(i) specify the kind of technical assistance to be
provided under the program;
``(ii) include appropriate provisions regarding
information sharing among the territories; and
``(iii) delineate the oversight role and
responsibilities of the territories and the Secretary.
``(C) Review and revision of agreement.--The agreement
entered into under subparagraph (A) shall be reevaluated and,
as necessary, revised, at least every 2 years.
``(D) Existing agreements.--With respect to an agreement
under this subsection or an agreement entered into under
section 215 of this title as in effect on the day before the
date of enactment of this subsection--
``(i) the agreement shall continue in force until
replaced by an agreement entered into in accordance with
subparagraph (A); and
``(ii) amounts made available under this subsection
under the existing agreement shall be available for
obligation or expenditure so long as the agreement, or the
existing agreement entered into under subparagraph (A), is
in effect.
``(6) Eligible uses of funds.--
``(A) In general.--Funds made available under this
subsection may be used only for the following projects and
activities carried out in a territory:
``(i) Eligible surface transportation program projects
described in section 133(b).
``(ii) Cost-effective, preventive maintenance
consistent with section 116(e).
``(iii) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b) and (c) of
section 129.
``(iv) Engineering and economic surveys and
investigations for the planning, and the financing, of
future highway programs.
``(v) Studies of the economy, safety, and convenience
of highway use.
``(vi) The regulation and equitable taxation of highway
use.
``(vii) Such research and development as are necessary
in connection with the planning, design, and maintenance of
the highway system.
``(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available under this
subsection shall be obligated or expended for routine
maintenance.
``(7) Location of projects.--Territorial highway program
projects (other than those described in paragraphs (2), (4), (7),
(8), (14), and (19) of section 133(b)) may not be undertaken on
roads functionally classified as local.''.
(b) Conforming Amendments.--
(1) Technical and conforming amendment.--The analysis for
chapter 1 of title 23, United States Code, is amended by striking
the item relating to section 165 and inserting the following:
``165. Territorial and Puerto Rico highway program.''.
(2) Territorial highway program.--
(A) Repeal.--Section 215 of title 23, United States Code,
is repealed.
(B) Technical and conforming amendment.--The analysis for
chapter 2 of title 23, United States Code, is amended by
striking the item relating to section 215.
(C) Duncan hunter national defense authorization act for
fiscal year 2009.--Section 3512(e) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (48
U.S.C. 1421r(e)) is amended by striking ``section 215'' and
inserting ``section 165''.
SEC. 1115. NATIONAL FREIGHT POLICY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. National freight policy
``(a) In General.--It is the policy of the United States to improve
the condition and performance of the national freight network to ensure
that the national freight network provides the foundation for the
United States to compete in the global economy and achieve each goal
described in subsection (b).
``(b) Goals.--The goals of the national freight policy are--
``(1) to invest in infrastructure improvements and to implement
operational improvements that--
``(A) strengthen the contribution of the national freight
network to the economic competitiveness of the United States;
``(B) reduce congestion; and
``(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to improve the safety, security, and resilience of
freight transportation;
``(3) to improve the state of good repair of the national
freight network;
``(4) to use advanced technology to improve the safety and
efficiency of the national freight network;
``(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and maintenance
of the national freight network; and
``(6) to improve the economic efficiency of the national
freight network.
``(7) to reduce the environmental impacts of freight movement
on the national freight network;
``(c) Establishment of a National Freight Network.--
``(1) In general.--The Secretary shall establish a national
freight network in accordance with this section to assist States in
strategically directing resources toward improved system
performance for efficient movement of freight on highways,
including national highway system, freight intermodal connectors
and aerotropolis transportation systems.
``(2) Network components.--The national freight network shall
consist of--
``(A) the primary freight network, as designated by the
Secretary under subsection (d) (referred to in this section as
the `primary freight network') as most critical to the movement
of freight;
``(B) the portions of the Interstate System not designated
as part of the primary freight network; and
``(C) critical rural freight corridors established under
subsection (e).
``(d) Designation of Primary Freight Network.--
``(1) Initial designation of primary freight network.--
``(A) Designation.--Not later than 1 year after the date of
enactment of this section, the Secretary shall designate a
primary freight network--
``(i) based on an inventory of national freight volume
conducted by the Administrator of the Federal Highway
Administration, in consultation with stakeholders,
including system users, transport providers, and States;
and
``(ii) that shall be comprised of not more than 27,000
centerline miles of existing roadways that are most
critical to the movement of freight.
``(B) Factors for designation.--In designating the primary
freight network, the Secretary shall consider--
``(i) the origins and destinations of freight movement
in the United States;
``(ii) the total freight tonnage and value of freight
moved by highways;
``(iii) the percentage of annual average daily truck
traffic in the annual average daily traffic on principal
arterials;
``(iv) the annual average daily truck traffic on
principal arterials;
``(v) land and maritime ports of entry;
``(vi) access to energy exploration, development,
installation, or production areas;
``(vii) population centers; and
``(viii) network connectivity.
``(2) Additional miles on primary freight network.--In addition
to the miles initially designated under paragraph (1), the
Secretary may increase the number of miles designated as part of
the primary freight network by not more than 3,000 additional
centerline miles of roadways (which may include existing or planned
roads) critical to future efficient movement of goods on the
primary freight network.
``(3) Redesignation of primary freight network.--Effective
beginning 10 years after the designation of the primary freight
network and every 10 years thereafter, using the designation
factors described in paragraph (1), the Secretary shall redesignate
the primary freight network (including additional mileage described
in paragraph (2)).
``(e) Critical Rural Freight Corridors.--A State may designate a
road within the borders of the State as a critical rural freight
corridor if the road--
``(1) is a rural principal arterial roadway and has a minimum
of 25 percent of the annual average daily traffic of the road
measured in passenger vehicle equivalent units from trucks (FHWA
vehicle class 8 to 13);
``(2) provides access to energy exploration, development,
installation, or production areas;
``(3) connects the primary freight network, a roadway described
in paragraph (1) or (2), or Interstate System to facilities that
handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities.
``(f) National Freight Strategic Plan.--
``(1) Initial development of national freight strategic plan.--
Not later than 3 years after the date of enactment of this section,
the Secretary shall, in consultation with State departments of
transportation and other appropriate public and private
transportation stakeholders, develop and post on the Department of
Transportation public website a national freight strategic plan
that shall include--
``(A) an assessment of the condition and performance of the
national freight network;
``(B) an identification of highway bottlenecks on the
national freight network that create significant freight
congestion problems, based on a quantitative methodology
developed by the Secretary, which shall, at a minimum,
include--
``(i) information from the Freight Analysis Network of
the Federal Highway Administration; and
``(ii) to the maximum extent practicable, an estimate
of the cost of addressing each bottleneck and any
operational improvements that could be implemented;
``(C) forecasts of freight volumes for the 20-year period
beginning in the year during which the plan is issued;
``(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators for
current and forecasted traffic and freight volumes, the
identification of which shall be revised, as appropriate, in
subsequent plans;
``(E) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers to
improved freight transportation performance (including
opportunities for overcoming the barriers);
``(F) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
``(G) best practices for improving the performance of the
national freight network;
``(H) best practices to mitigate the impacts of freight
movement on communities;
``(I) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
``(J) strategies to improve freight intermodal
connectivity.
``(2) Updates to national freight strategic plan.--Not later
than 5 years after the date of completion of the first national
freight strategic plan under paragraph (1), and every 5 years
thereafter, the Secretary shall update and repost on the Department
of Transportation public website a revised national freight
strategic plan.
``(g) Freight Transportation Conditions and Performance Reports.--
Not later than 2 years after the date of enactment of this section, and
biennially thereafter, the Secretary shall prepare a report that
contains a description of the conditions and performance of the
national freight network in the United States.
``(h) Transportation Investment Data and Planning Tools.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) begin development of new tools and improvement of
existing tools or improve existing tools to support an outcome-
oriented, performance-based approach to evaluate proposed
freight-related and other transportation projects, including--
``(i) methodologies for systematic analysis of benefits
and costs;
``(ii) tools for ensuring that the evaluation of
freight-related and other transportation projects could
consider safety, economic competitiveness, environmental
sustainability, and system condition in the project
selection process; and
``(iii) other elements to assist in effective
transportation planning;
``(B) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
``(C) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts that could reduce identified
freight data gaps and deficiencies and help improve forecasts
of freight transportation demand.
``(2) Consultation.--The Secretary shall consult with Federal,
State, and other stakeholders to develop, improve, and implement
the tools and collect the data in paragraph (1).
``(i) Definition of Aerotropolis Transportation System.--In this
section, the term `aerotropolis transportation system' means a planned
and coordinated multimodal freight and passenger transportation network
that, as determined by the Secretary, provides efficient, cost-
effective, sustainable, and intermodal connectivity to a defined region
of economic significance centered around a major airport.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``167. National freight program.''.
SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT MOVEMENT.
(a) In General.--Notwithstanding section 120 of title 23, United
States Code, the Secretary may increase the Federal share payable for
any project to 95 percent for projects on the Interstate System and 90
percent for any other project if the Secretary certifies that the
project meets the requirements of this section.
(b) Increased Funding.--To be eligible for the increased Federal
funding share under this section, a project shall--
(1) demonstrate the improvement made by the project to the
efficient movement of freight, including making progress towards
meeting performance targets for freight movement established under
section 150(d) of title 23, United States Code; and
(2) be identified in a State freight plan developed pursuant to
section 1118.
(c) Eligible Projects.--Eligible projects to improve the movement
of freight under this section may include, but are not limited to--
(1) construction, reconstruction, rehabilitation, and
operational improvements directly relating to improving freight
movement;
(2) intelligent transportation systems and other technology to
improve the flow of freight;
(3) efforts to reduce the environmental impacts of freight
movement on the primary freight network;
(4) railway-highway grade separation;
(5) geometric improvements to interchanges and ramps.
(6) truck-only lanes;
(7) climbing and runaway truck lanes;
(8) truck parking facilities eligible for funding under section
1401;
(9) real-time traffic, truck parking, roadway condition, and
multimodal transportation information systems;
(10) improvements to freight intermodal connectors; and
(11) improvements to truck bottlenecks.
SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.
(a) In General.--The Secretary shall encourage each State to
establish a freight advisory committee consisting of a representative
cross-section of public and private sector freight stakeholders,
including representatives of ports, shippers, carriers, freight-related
associations, the freight industry workforce, the transportation
department of the State, and local governments.
(b) Role of Committee.--A freight advisory committee of a State
described in subsection (a) shall--
(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
(3) communicate and coordinate regional priorities with other
organizations;
(4) promote the sharing of information between the private and
public sectors on freight issues; and
(5) participate in the development of the freight plan of the
State described in section 1118.
SEC. 1118. STATE FREIGHT PLANS.
(a) In General.--The Secretary shall encourage each State to
develop a freight plan that provides a comprehensive plan for the
immediate and long-range planning activities and investments of the
State with respect to freight.
(b) Plan Contents.--A freight plan described in subsection (a)
shall include, at a minimum--
(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
(3) a description of how the plan will improve the ability of
the State to meet the national freight goals established under
section 167 of title 23, United States Code;
(4) evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation
systems, that improve the safety and efficiency of freight
movement;
(5) in the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and
timber vehicles) is projected to substantially deteriorate the
condition of roadways, a description of improvements that may be
required to reduce or impede the deterioration; and
(6) an inventory of facilities with freight mobility issues,
such as truck bottlenecks, within the State, and a description of
the strategies the State is employing to address those freight
mobility issues.
(c) Relationship to Long-range Plan.--A freight plan described in
subsection (a) may be developed separate from or incorporated into the
statewide strategic long-range transportation plan required by section
135 of title 23, United States Code.
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by striking sections 201 through 204 and inserting the
following:
``Sec. 201. Federal lands and tribal transportation programs
``(a) Purpose.--Recognizing the need for all public Federal and
tribal transportation facilities to be treated under uniform policies
similar to the policies that apply to Federal-aid highways and other
public transportation facilities, the Secretary of Transportation, in
collaboration with the Secretaries of the appropriate Federal land
management agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply to
Federal lands transportation facilities, tribal transportation
facilities, and Federal lands access transportation facilities.
``(b) Availability of Funds.--
``(1) Availability.--Funds authorized for the tribal
transportation program, the Federal lands transportation program,
and the Federal lands access program shall be available for
contract upon apportionment, or on October 1 of the fiscal year for
which the funds were authorized if no apportionment is required.
``(2) Amount remaining.--Any amount remaining unexpended for a
period of 3 years after the close of the fiscal year for which the
funds were authorized shall lapse.
``(3) Obligations.--The Secretary of the department responsible
for the administration of funds under this subsection may incur
obligations, approve projects, and enter into contracts under such
authorizations, which shall be considered to be contractual
obligations of the United States for the payment of the cost
thereof, the funds of which shall be considered to have been
expended when obligated.
``(4) Expenditure.--
``(A) In general.--Any funds authorized for any fiscal year
after the date of enactment of this section under the Federal
lands transportation program, the Federal lands access program,
and the tribal transportation program shall be considered to
have been expended if a sum equal to the total of the sums
authorized for the fiscal year and previous fiscal years have
been obligated.
``(B) Credited funds.--Any funds described in subparagraph
(A) that are released by payment of final voucher or
modification of project authorizations shall be--
``(i) credited to the balance of unobligated
authorizations; and
``(ii) immediately available for expenditure.
``(5) Applicability.--This section shall not apply to funds
authorized before the date of enactment of this paragraph.
``(6) Contractual obligation.--
``(A) In general.--Notwithstanding any other provision of
law (including regulations), the authorization by the
Secretary, or the Secretary of the appropriate Federal land
management agency if the agency is the contracting office, of
engineering and related work for the development, design, and
acquisition associated with a construction project, whether
performed by contract or agreement authorized by law, or the
approval by the Secretary of plans, specifications, and
estimates for construction of a project, shall be considered to
constitute a contractual obligation of the Federal Government
to pay the total eligible cost of--
``(i) any project funded under this title; and
``(ii) any project funded pursuant to agreements
authorized by this title or any other title.
``(B) Effect.--Nothing in this paragraph--
``(i) affects the application of the Federal share
associated with the project being undertaken under this
section; or
``(ii) modifies the point of obligation associated with
Federal salaries and expenses.
``(7) Federal share.--
``(A) Tribal and federal lands transportation program.--The
Federal share of the cost of a project carried out under the
Federal lands transportation program or the tribal
transportation program shall be 100 percent.
``(B) Federal lands access program.--The Federal share of
the cost of a project carried out under the Federal lands
access program shall be determined in accordance with section
120.
``(c) Transportation Planning.--
``(1) Transportation planning procedures.--In consultation with
the Secretary of each appropriate Federal land management agency,
the Secretary shall implement transportation planning procedures
for Federal lands and tribal transportation facilities that are
consistent with the planning processes required under sections 134
and 135.
``(2) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(3) Inclusion in other plans.--Each regionally significant
tribal transportation program, Federal lands transportation
program, and Federal lands access program project shall be--
``(A) developed in cooperation with State and metropolitan
planning organizations; and
``(B) included in appropriate tribal transportation program
plans, Federal lands transportation program plans, Federal
lands access program plans, State and metropolitan plans, and
transportation improvement programs.
``(4) Inclusion in state programs.--The approved tribal
transportation program, Federal lands transportation program, and
Federal lands access program transportation improvement programs
shall be included in appropriate State and metropolitan planning
organization plans and programs without further action on the
transportation improvement program.
``(5) Asset management.--The Secretary and the Secretary of
each appropriate Federal land management agency shall, to the
extent appropriate, implement safety, bridge, pavement, and
congestion management systems for facilities funded under the
tribal transportation program and the Federal lands transportation
program in support of asset management.
``(6) Data collection.--
``(A) Data collection.--The Secretaries of the appropriate
Federal land management agencies shall collect and report data
necessary to implement the Federal lands transportation
program, the Federal lands access program, and the tribal
transportation program in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), including--
``(i) inventory and condition information on Federal
lands transportation facilities and tribal transportation
facilities; and
``(ii) bridge inspection and inventory information on
any Federal bridge open to the public.
``(B) Standards.--The Secretary, in coordination with the
Secretaries of the appropriate Federal land management
agencies, shall define the collection and reporting data
standards.
``(7) Administrative expenses.--To implement the activities
described in this subsection, including direct support of
transportation planning activities among Federal land management
agencies, the Secretary may use not more than 5 percent for each
fiscal year of the funds authorized for programs under sections 203
and 204.
``(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal government
under this title, the Secretary--
``(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
``(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days after
the date of the original request by the Secretary for payment.
``(e) Transfers.--
``(1) In general.--To enable the efficient use of funds made
available for the Federal lands transportation program and the
Federal lands access program, the funds may be transferred by the
Secretary within and between each program with the concurrence of,
as appropriate--
``(A) the Secretary;
``(B) the affected Secretaries of the respective Federal
land management agencies;
``(C) State departments of transportation; and
``(D) local government agencies.
``(2) Credit.--The funds described in paragraph (1) shall be
credited back to the loaning entity with funds that are currently
available for obligation at the time of the credit.
``Sec. 202. Tribal transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the costs
of--
``(A)(i) transportation planning, research, maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction of tribal transportation facilities;
``(ii) adjacent vehicular parking areas;
``(iii) interpretive signage;
``(iv) acquisition of necessary scenic easements and scenic
or historic sites;
``(v) provisions for pedestrians and bicycles;
``(vi) environmental mitigation in or adjacent to tribal
land--
``(I) to improve public safety and reduce vehicle-
caused wildlife mortality while maintaining habitat
connectivity; and
``(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem connectivity,
including the costs of constructing, maintaining,
replacing, or removing culverts and bridges, as
appropriate;
``(vii) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(viii) other appropriate public road facilities as
determined by the Secretary;
``(B) operation and maintenance of transit programs and
facilities that are located on, or provide access to, tribal
land, or are administered by a tribal government; and
``(C) any transportation project eligible for assistance
under this title that is located within, or that provides
access to, tribal land, or is associated with a tribal
government.
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the Interior may
enter into a contract or other appropriate agreement with respect
to the activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be promulgated by
the Secretary of the Interior, to carry out any construction or
other activity described in paragraph (1).
``(4) Federal employment.--No maximum limitation on Federal
employment shall be applicable to the construction or improvement
of tribal transportation facilities.
``(5) Funds for construction and improvement.--All funds made
available for the construction and improvement of tribal
transportation facilities shall be administered in conformity with
regulations and agreements jointly approved by the Secretary and
the Secretary of the Interior.
``(6) Administrative expenses.--Of the funds authorized to be
appropriated for the tribal transportation program, not more than 6
percent may be used by the Secretary or the Secretary of the
Interior for program management and oversight and project-related
administrative expenses.
``(7) Tribal technical assistance centers.--The Secretary of
the Interior may reserve amounts from administrative funds of the
Bureau of Indian Affairs that are associated with the tribal
transportation program to fund tribal technical assistance centers
under section 504(b).
``(8) Maintenance.--
``(A) Use of funds.--Notwithstanding any other provision of
this title, of the amount of funds allocated to an Indian tribe
from the tribal transportation program, for the purpose of
maintenance (excluding road sealing, which shall not be subject
to any limitation), the Secretary shall not use an amount more
than the greater of--
``(i) an amount equal to 25 percent; or
``(ii) $500,000.
``(B) Responsibility of bureau of indian affairs and
secretary of the interior.--
``(i) Bureau of indian affairs.--The Bureau of Indian
Affairs shall retain primary responsibility, including
annual funding request responsibility, for Bureau of Indian
Affairs road maintenance programs on Indian reservations.
``(ii) Secretary of the interior.--The Secretary of the
Interior shall ensure that funding made available under
this subsection for maintenance of tribal transportation
facilities for each fiscal year is supplementary to, and
not in lieu of, any obligation of funds by the Bureau of
Indian Affairs for road maintenance programs on Indian
reservations.
``(C) Tribal-state road maintenance agreements.--
``(i) In general.--An Indian tribe and a State may
enter into a road maintenance agreement under which an
Indian tribe shall assume the responsibility of the State
for--
``(I) tribal transportation facilities; and
``(II) roads providing access to tribal
transportation facilities.
``(ii) Requirements.--Agreements entered into under
clause (i) shall--
``(I) be negotiated between the State and the
Indian tribe; and
``(II) not require the approval of the Secretary.
``(9) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the tribal transportation program.
``(10) Competitive bidding.--
``(A) Construction.--
``(i) In general.--Subject to clause (ii) and
subparagraph (B), construction of each project shall be
performed by contract awarded by competitive bidding.
``(ii) Exception.--Clause (i) shall not apply if the
Secretary or the Secretary of the Interior affirmatively
finds that, under the circumstances relating to the
project, a different method is in the public interest.
``(B) Applicability.--Notwithstanding subparagraph (A),
section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and
section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds
administered by the Secretary of the Interior that are
appropriated for the construction and improvement of tribal
transportation facilities.
``(b) Funds Distribution.--
``(1) National tribal transportation facility inventory.--
``(A) In general.--The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a comprehensive
national inventory of tribal transportation facilities that are
eligible for assistance under the tribal transportation
program.
``(B) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary shall
include, at a minimum, transportation facilities that are
eligible for assistance under the tribal transportation program
that an Indian tribe has requested, including facilities that--
``(i) were included in the Bureau of Indian Affairs
system inventory prior to October 1, 2004;
``(ii) are owned by an Indian tribal government;
``(iii) are owned by the Bureau of Indian Affairs;
``(iv) were constructed or reconstructed with funds
from the Highway Trust Fund under the Indian reservation
roads program since 1983;
``(v) are public roads or bridges within the exterior
boundary of Indian reservations, Alaska Native villages,
and other recognized Indian communities (including
communities in former Indian reservations in the State of
Oklahoma) in which the majority of residents are American
Indians or Alaska Natives;
``(vi) are public roads within or providing access to
an Indian reservation or Indian trust land or restricted
Indian land that is not subject to fee title alienation
without the approval of the Federal Government, or Indian
or Alaska Native villages, groups, or communities in which
Indians and Alaska Natives reside, whom the Secretary of
the Interior has determined are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians; or
``(vii) are primary access routes proposed by tribal
governments, including roads between villages, roads to
landfills, roads to drinking water sources, roads to
natural resources identified for economic development, and
roads that provide access to intermodal terminals, such as
airports, harbors, or boat landings.
``(C) Limitation on primary access routes.--For purposes of
this paragraph, a proposed primary access route is the shortest
practicable route connecting 2 points of the proposed route.
``(D) Additional facilities.--Nothing in this paragraph
precludes the Secretary from including additional
transportation facilities that are eligible for funding under
the tribal transportation program in the inventory used for the
national funding allocation if such additional facilities are
included in the inventory in a uniform and consistent manner
nationally.
``(E) Bridges.--All bridges in the inventory shall be
recorded in the national bridge inventory administered by the
Secretary under section 144.
``(2) Regulations.--Notwithstanding sections 563(a) and 565(a)
of title 5, the Secretary of the Interior shall maintain any
regulations governing the tribal transportation program.
``(3) Basis for funding formula.--
``(A) Basis.--
``(i) In general.--After making the set asides
authorized under subparagraph (C) and subsections (c), (d),
and (e) on October 1 of each fiscal year, the Secretary
shall distribute the remainder authorized to be
appropriated for the tribal transportation program under
this section among Indian tribes as follows:
``(I) For fiscal year 2013--
``(aa) for each Indian tribe, 80 percent of the
total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that Indian
tribe; and
``(bb) the remainder using tribal shares as
described in subparagraphs (B) and (C).
``(II) For fiscal year 2014--
``(aa) for each Indian tribe, 60 percent of the
total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that Indian
tribe; and
``(bb) the remainder using tribal shares as
described in subparagraphs (B) and (C).
``(III) For fiscal year 2015--
``(aa) for each Indian tribe, 40 percent of the
total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that Indian
tribe; and
``(bb) the remainder using tribal shares as
described in subparagraphs (B) and (C).
``(IV) For fiscal year 2016 and thereafter--
``(aa) for each Indian tribe, 20 percent of the
total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that Indian
tribe; and
``(bb) the remainder using tribal shares as
described in subparagraphs (B) and (C).
``(ii) Tribal high priority projects.--The High
Priority Projects program as included in the Tribal
Transportation Allocation Methodology of part 170 of title
25, Code of Federal Regulations (as in effect on the date
of enactment of the MAP-21), shall not continue in effect.
``(B) Tribal shares.--Tribal shares under this program
shall be determined using the national tribal transportation
facility inventory as calculated for fiscal year 2012, and the
most recent data on American Indian and Alaska Native
population within each Indian tribe's American Indian/Alaska
Native Reservation or Statistical Area, as computed under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
``(i) 27 percent in the ratio that the total eligible
road mileage in each tribe bears to the total eligible road
mileage of all American Indians and Alaskan Natives. For
the purposes of this calculation, eligible road mileage
shall be computed based on the inventory described in
paragraph (1), using only facilities included in the
inventory described in clause (i), (ii), or (iii) of
paragraph (1)(B).
``(ii) 39 percent in the ratio that the total
population in each tribe bears to the total population of
all American Indians and Alaskan Natives.
``(iii) 34 percent shall be divided equally among each
Bureau of Indian Affairs region. Within each region, such
share of funds shall be distributed to each Indian tribe in
the ratio that the average total relative need distribution
factors and population adjustment factors from fiscal years
2005 through 2011 for a tribe bears to the average total of
relative need distribution factors and population
adjustment factors for fiscal years 2005 through 2011 in
that region.
``(C) Tribal supplemental funding.--
``(i) Tribal supplemental funding amount.--Of funds
made available for each fiscal year for the tribal
transportation program, the Secretary shall set aside the
following amount for a tribal supplemental program:
``(I) If the amount made available for the tribal
transportation program is less than or equal to
$275,000,000, 30 percent of such amount.
``(II) If the amount made available for the tribal
transportation program exceeds $275,000,000--
``(aa) $82,500,000; plus
``(bb) 12.5 percent of the amount made
available for the tribal transportation program in
excess of $275,000,000.
``(ii) Tribal supplemental allocation.--The Secretary
shall distribute tribal supplemental funds as follows:
``(I) Distribution among regions.--Of the amounts
set aside under clause (i), the Secretary shall
distribute to each region of the Bureau of Indian
Affairs a share of tribal supplemental funds in
proportion to the regional total of tribal shares based
on the cumulative tribal shares of all Indian tribes
within such region under subparagraph (B).
``(II) Distribution within a region.--Of the amount
that a region receives under subclause (I), the
Secretary shall distribute tribal supplemental funding
among Indian tribes within such region as follows:
``(aa) Tribal supplemental amounts.--The
Secretary shall determine--
``(AA) which such Indian tribes would be
entitled under subparagraph (A) to receive in a
fiscal year less funding than they would
receive in fiscal year 2011 pursuant to the
relative need distribution factor and
population adjustment factor, as described in
subpart C of part 170 of title 25, Code of
Federal Regulations (as in effect on the date
of enactment of the MAP-21); and
``(BB) the combined amount that such Indian
tribes would be entitled to receive in fiscal
year 2011 pursuant to such relative need
distribution factor and population adjustment
factor in excess of the amount that they would
be entitled to receive in the fiscal year under
subparagraph (B).
``(bb) Combined amount.--Subject to subclause
(III), the Secretary shall distribute to each
Indian tribe that meets the criteria described in
item (aa)(AA) a share of funding under this
subparagraph in proportion to the share of the
combined amount determined under item (aa)(BB)
attributable to such Indian tribe.
``(III) Ceiling.--An Indian tribe may not receive
under subclause (II) and based on its tribal share
under subparagraph (A) a combined amount that exceeds
the amount that such Indian tribe would be entitled to
receive in fiscal year 2011 pursuant to the relative
need distribution factor and population adjustment
factor, as described in subpart C of part 170 of title
25, Code of Federal Regulations (as in effect on the
date of enactment of the MAP-21).
``(IV) Other amounts.--If the amount made available
for a region under subclause (I) exceeds the amount
distributed among Indian tribes within that region
under subclause (II), the Secretary shall distribute
the remainder of such region's funding under such
subclause among all Indian tribes in that region in
proportion to the combined amount that each such Indian
tribe received under subparagraph (A) and subclauses
(I), (II), and (III).]
``(4) Transferred funds.--
``(A) In general.--Not later than 30 days after the date on
which funds are made available to the Secretary of the Interior
under this paragraph, the funds shall be distributed to, and
made available for immediate use by, eligible Indian tribes, in
accordance with the formula for distribution of funds under the
tribal transportation program.
``(B) Use of funds.--Notwithstanding any other provision of
this section, funds made available to Indian tribes for tribal
transportation facilities shall be expended on projects
identified in a transportation improvement program approved by
the Secretary.
``(5) Health and safety assurances.--Notwithstanding any other
provision of law, an Indian tribal government may approve plans,
specifications, and estimates and commence road and bridge
construction with funds made available from the tribal
transportation program through a contract or agreement under Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), if the Indian tribal government--
``(A) provides assurances in the contract or agreement that
the construction will meet or exceed applicable health and
safety standards;
``(B) obtains the advance review of the plans and
specifications from a State-licensed civil engineer that has
certified that the plans and specifications meet or exceed the
applicable health and safety standards; and
``(C) provides a copy of the certification under
subparagraph (A) to the Deputy Assistant Secretary for Tribal
Government Affairs, Department of Transportation, or the
Assistant Secretary for Indian Affairs, Department of the
Interior, as appropriate.
``(6) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual, or
policy directive, all funds made available through the
Secretary of the Interior under this chapter and section 125(e)
for tribal transportation facilities to pay for the costs of
programs, services, functions, and activities, or portions of
programs, services, functions, or activities, that are
specifically or functionally related to the cost of planning,
research, engineering, and construction of any tribal
transportation facility shall be made available, upon request
of the Indian tribal government, to the Indian tribal
government for contracts and agreements for such planning,
research, engineering, and construction in accordance with
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(B) Exclusion of agency participation.--All funds,
including contract support costs, for programs, functions,
services, or activities, or portions of programs, services,
functions, or activities, including supportive administrative
functions that are otherwise contractible to which subparagraph
(A) applies, shall be paid in accordance with subparagraph (A),
without regard to the organizational level at which the
Department of the Interior has previously carried out such
programs, functions, services, or activities.
``(7) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual, or
policy directive, all funds made available to an Indian tribal
government under this chapter for a tribal transportation
facility program or project shall be made available, on the
request of the Indian tribal government, to the Indian tribal
government for use in carrying out, in accordance with the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), contracts and agreements for the planning,
research, design, engineering, construction, and maintenance
relating to the program or project.
``(B) Exclusion of agency participation.--In accordance
with subparagraph (A), all funds, including contract support
costs, for a program or project to which subparagraph (A)
applies shall be paid to the Indian tribal government without
regard to the organizational level at which the Department of
the Interior has previously carried out, or the Department of
Transportation has previously carried out under the tribal
transportation program, the programs, functions, services, or
activities involved.
``(C) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or project to
which this chapter applies may form a consortium to be
considered as a single Indian tribe for the purpose of
participating in the project under this section.
``(D) Secretary as signatory.--Notwithstanding any other
provision of law, the Secretary is authorized to enter into a
funding agreement with an Indian tribal government to carry out
a tribal transportation facility program or project under
subparagraph (A) that is located on an Indian reservation or
provides access to the reservation or a community of the Indian
tribe.
``(E) Funding.--The amount an Indian tribal government
receives for a program or project under subparagraph (A) shall
equal the sum of the funding that the Indian tribal government
would otherwise receive for the program or project in
accordance with the funding formula established under this
subsection and such additional amounts as the Secretary
determines equal the amounts that would have been withheld for
the costs of the Bureau of Indian Affairs for administration of
the program or project.
``(F) Eligibility.--
``(i) In general.--Subject to clause (ii) and the
approval of the Secretary, funds may be made available
under subparagraph (A) to an Indian tribal government for a
program or project in a fiscal year only if the Indian
tribal government requesting such funds demonstrates to the
satisfaction of the Secretary financial stability and
financial management capability during the 3 fiscal years
immediately preceding the fiscal year for which the request
is being made.
``(ii) Considerations.--An Indian tribal government
that had no uncorrected significant and material audit
exceptions in the required annual audit of the contracts or
self-governance funding agreements made by the Indian tribe
with any Federal agency under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) during
the 3-fiscal year period referred in clause (i) shall be
conclusive evidence of the financial stability and
financial management capability of the Indian tribe for
purposes of clause (i).
``(G) Assumption of functions and duties.--An Indian tribal
government receiving funding under subparagraph (A) for a
program or project shall assume all functions and duties that
the Secretary of the Interior would have performed with respect
to a program or project under this chapter, other than those
functions and duties that inherently cannot be legally
transferred under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
``(H) Powers.--An Indian tribal government receiving
funding under subparagraph (A) for a program or project shall
have all powers that the Secretary of the Interior would have
exercised in administering the funds transferred to the Indian
tribal government for such program or project under this
section if the funds had not been transferred, except to the
extent that such powers are powers that inherently cannot be
legally transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of a disagreement
between the Secretary or the Secretary of the Interior and an
Indian tribe over whether a particular function, duty, or power
may be lawfully transferred to the Indian tribe under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolution and appeal procedures
authorized by that Act, including regulations issued to carry
out the Act.
``(J) Termination of contract or agreement.--On the date of
the termination of a contract or agreement under this section
by an Indian tribal government, the Secretary shall transfer
all funds that would have been allocated to the Indian tribal
government under the contract or agreement to the Secretary of
the Interior to provide continued transportation services in
accordance with applicable law.
``(c) Planning.--
``(1) In general.--For each fiscal year, not more than 2
percent of the funds made available for the tribal transportation
program shall be allocated among Indian tribal governments that
apply for transportation planning pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
``(2) Requirement.--An Indian tribal government, in cooperation
with the Secretary of the Interior and, as appropriate, with a
State, local government, or metropolitan planning organization,
shall carry out a transportation planning process in accordance
with section 201(c).
``(3) Selection and approval of projects.--A project funded
under this section shall be--
``(A) selected by the Indian tribal government from the
transportation improvement program; and
``(B) subject to the approval of the Secretary of the
Interior and the Secretary.
``(d) Tribal Transportation Facility Bridges.--
``(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving deficient
bridges eligible for the tribal transportation program.
``(2) Funding.--Before making any distribution under subsection
(b), the Secretary shall set aside not more than 2 percent of the
funds made available under the tribal transportation program for
each fiscal year to be allocated--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of a project to
replace, rehabilitate, seismically retrofit, paint, apply
calcium magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
deicing composition; or
``(B) to implement any countermeasure for deficient tribal
transportation facility bridges, including multiple-pipe
culverts.
``(3) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in paragraph (1) shall--
``(A) have an opening of not less than 20 feet;
``(B) be classified as a tribal transportation facility;
and
``(C) be structurally deficient or functionally obsolete.
``(4) Approval requirement.--The Secretary may make funds
available under this subsection for preliminary engineering,
construction, and construction engineering activities after
approval of required documentation and verification of eligibility
in accordance with this title.
``(e) Safety.--
``(1) Funding.--Before making any distribution under subsection
(b), the Secretary shall set aside not more than 2 percent of the
funds made available under the tribal transportation program for
each fiscal year to be allocated based on an identification and
analysis of highway safety issues and opportunities on tribal land,
as determined by the Secretary, on application of the Indian tribal
governments for eligible projects described in section 148(a)(4).
``(2) Project selection.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as appropriate,
with a State, local government, or metropolitan planning
organization, shall select projects from the transportation
improvement program, subject to the approval of the Secretary and
the Secretary of the Interior.
``(f) Federal-aid Eligible Projects.--Before approving as a project
on a tribal transportation facility any project eligible for funds
apportioned under section 104 in a State, the Secretary shall, for
projects on tribal transportation facilities, determine that the
obligation of funds for the project is supplementary to and not in lieu
of the obligation of a fair and equitable share of funds apportioned to
the State under section 104.
``Sec. 203. Federal lands transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal lands
transportation program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal land
management agency to pay the costs of--
``(A) program administration, transportation planning,
research, preventive maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction of Federal lands
transportation facilities, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and
scenic or historic sites;
``(iii) provision for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to
Federal land open to the public--
``(I) to improve public safety and reduce vehicle-
caused wildlife mortality while maintaining habitat
connectivity; and
``(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem connectivity,
including the costs of constructing, maintaining,
replacing, or removing culverts and bridges, as
appropriate;
``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities;
``(vi) congestion mitigation; and
``(vii) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities;
``(C) any transportation project eligible for assistance
under this title that is on a public road within or adjacent
to, or that provides access to, Federal lands open to the
public; and
``(D) not more $10,000,000 of the amounts made available
per fiscal year to carry out this section for activities
eligible under subparagraph (A)(iv).
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the appropriate
Federal land management agency may enter into a contract or other
appropriate agreement with respect to the activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the construction
and improvement of Federal lands transportation facilities shall be
administered in conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the appropriate
Federal land managing agency.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were contributed.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is in
the public interest.
``(b) Agency Program Distributions.--
``(1) In general.--On October 1, 2011, and on October 1 of each
fiscal year thereafter, the Secretary shall allocate the sums
authorized to be appropriated for the fiscal year for the Federal
lands transportation program on the basis of applications of need,
as determined by the Secretary--
``(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
``(B) in coordination with the transportation plans
required under section 201 of the respective transportation
systems of--
``(i) the National Park Service;
``(ii) the Forest Service;
``(iii) the United States Fish and Wildlife Service;
``(iv) the Corps of Engineers; and
``(v) the Bureau of Land Management.
``(2) Applications.--
``(A) Requirements.--Each application submitted by a
Federal land management agency shall include proposed programs
at various potential funding levels, as defined by the
Secretary following collaborative discussions with applicable
Federal land management agencies.
``(B) Consideration by secretary.--In evaluating an
application submitted under subparagraph (A), the Secretary
shall consider the extent to which the programs support--
``(i) the transportation goals of--
``(I) a state of good repair of transportation
facilities;
``(II) a reduction of bridge deficiencies, and
``(III) an improvement of safety;
``(ii) high-use Federal recreational sites or Federal
economic generators; and
``(iii) the resource and asset management goals of the
Secretary of the respective Federal land management agency.
``(C) Permissive contents.--Applications may include
proposed programs the duration of which extend over a multiple-
year period to support long-term transportation planning and
resource management initiatives.
``(c) National Federal Lands Transportation Facility Inventory.--
``(1) In general.--The Secretaries of the appropriate Federal
land management agencies, in cooperation with the Secretary, shall
maintain a comprehensive national inventory of public Federal lands
transportation facilities.
``(2) Transportation facilities included in the inventories.--
To identify the Federal lands transportation system and determine
the relative transportation needs among Federal land management
agencies, the inventories shall include, at a minimum, facilities
that--
``(A) provide access to high-use Federal recreation sites
or Federal economic generators, as determined by the Secretary
in coordination with the respective Secretaries of the
appropriate Federal land management agencies; and
``(B) are owned by 1 of the following agencies:
``(i) The National Park Service.
``(ii) The Forest Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Bureau of Land Management.
``(v) The Corps of Engineers.
``(3) Availability.--The inventories shall be made available to
the Secretary.
``(4) Updates.--The Secretaries of the appropriate Federal land
management agencies shall update the inventories of the appropriate
Federal land management agencies, as determined by the Secretary
after collaborative discussions with the Secretaries of the
appropriate Federal land management agencies.
``(5) Review.--A decision to add or remove a facility from the
inventory shall not be considered a Federal action for purposes of
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(d) Bicycle Safety.--The Secretary of the appropriate Federal
land management agency shall prohibit the use of bicycles on each
federally owned road that has a speed limit of 30 miles per hour or
greater and an adjacent paved path for use by bicycles within 100 yards
of the road unless the Secretary determines that the bicycle level of
service on that roadway is rated B or higher.
``Sec. 204. Federal lands access program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal lands
access program shall be used by the Secretary of Transportation and
the Secretary of the appropriate Federal land management agency to
pay the cost of--
``(A) transportation planning, research, engineering,
preventive maintenance, rehabilitation, restoration,
construction, and reconstruction of Federal lands access
transportation facilities located on or adjacent to, or that
provide access to, Federal land, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and
scenic or historic sites;
``(iii) provisions for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to
Federal land to improve public safety and reduce vehicle-
caused wildlife mortality while maintaining habitat
connectivity;
``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(vi) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities; and
``(C) any transportation project eligible for assistance
under this title that is within or adjacent to, or that
provides access to, Federal land.
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the appropriate
Federal land management agency may enter into a contract or other
appropriate agreement with respect to the activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the construction
and improvement of Federal lands access transportation facilities
shall be administered in conformity with regulations and agreements
approved by the Secretary.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision for a Federal lands access
transportation facility project shall be credited to
appropriations available under the Federal lands access
program.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is in
the public interest.
``(b) Program Distributions.--
``(1) In general.--Funding made available to carry out the
Federal lands access program shall be allocated among those States
that have Federal land, in accordance with the following formula:
``(A) 80 percent of the available funding for use in those
States that contain at least 1 \1/2\ percent of the total
public land in the United States managed by the agencies
described in paragraph (2), to be distributed as follows:
``(i) 30 percent in the ratio that--
``(I) recreational visitation within each such
State; bears to
``(II) the recreational visitation within all such
States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within each such State;
bears to
``(II) the Federal land area in all such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles within each
such State; bears to
``(II) the Federal public road miles in all such
States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public bridges within
each such State; bears to
``(II) the number of Federal public bridges in all
such States.
``(B) 20 percent of the available funding for use in those
States that do not contain at least 1 \1/2\ percent of the
total public land in the United States managed by the agencies
described in paragraph (2), to be distributed as follows:
``(i) 30 percent in the ratio that--
``(I) recreational visitation within each such
State; bears to
``(II) the recreational visitation within all such
States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within each such State;
bears to
``(II) the Federal land area in all such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles within each
such State; bears to
``(II) the Federal public road miles in all such
States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public bridges within
each such State; bears to
``(II) the number of Federal public bridges in all
such States.
``(2) Data source.--Data necessary to distribute funding under
paragraph (1) shall be provided by the following Federal land
management agencies:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Land Management.
``(E) The Corps of Engineers.
``(c) Programming Decisions Committee.--
``(1) In general.--Programming decisions shall be made within
each State by a committee comprised of--
``(A) a representative of the Federal Highway
Administration;
``(B) a representative of the State Department of
Transportation; and
``(C) a representative of any appropriate political
subdivision of the State.
``(2) Consultation requirement.--The committee described in
paragraph (1) shall cooperate with each applicable Federal agency
in each State before any joint discussion or final programming
decision.
``(3) Project preference.--In making a programming decision
under paragraph (1), the committee shall give preference to
projects that provide access to, are adjacent to, or are located
within high-use Federal recreation sites or Federal economic
generators, as identified by the Secretaries of the appropriate
Federal land management agencies.''.
(b) Public Lands Development Roads and Trails.--Section 214 of
title 23, United States Code, is repealed.
(c) Conforming Amendments.--
(1) Chapter 2 analysis.--The analysis for chapter 2 of title
23, United States Code, is amended--
(A) by striking the items relating to sections 201 through
204 and inserting the following:
``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''; and
(B) by striking the item relating to section 214.
(2) Definition.--Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ``park road or
parkway under section 204 of this title'' and inserting ``Federal
lands transportation facility''.
(3) Rules, regulations, and recommendations.--Section 315 of
title 23, United States Code, is amended by striking ``204(f)'' and
inserting ``202(a)(5), 203(a)(3),''.
SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
Section 1301 of the SAFETEA-LU (23 U.S.C. 101 note; 119 Stat. 1198)
is amended--
(1) in subsection (b), by striking ``States'' and inserting
``eligible applicants'';
(2) in subsection (c), by striking paragraph (3) and inserting
the following:
``(3) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State department of transportation or a group of
State departments of transportation;
``(B) a tribal government or consortium of tribal
governments;
``(C) a transit agency; or
``(D) a multi-State or multi-jurisdictional group of the
agencies described in subparagraphs (A) through (C).'';
(3) in subsection (d)(2), by striking ``75'' and inserting
``50'';
(4) in subsection (e), by striking ``State'' and inserting
``eligible applicant'';
(5) in subsection (f)(3) by striking subparagraph (B) and
inserting the following:
``(B) improves roadways vital to national energy security;
and'';
(6) in subsection (g)(1) by adding at the end the following:
``(E) Congressional approval.--The Secretary may not issue
a letter of intent, enter into a full funding grant agreement
under paragraph (2), or make any other obligation or commitment
to fund a project under this section if a joint resolution of
disapproval is enacted disapproving funding for the project
before the last day of the 60-day period described in
subparagraph (B).'';
(7) in subsection (k), by adding at the end the following:
``(3) Project selection justifications.--
``(A) In general.--Not later than 30 days after the date on
which the Secretary selects a project for funding under this
section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes the reasons for
selecting the project, based on the criteria described in
subsection (f).
``(B) Inclusions.--The report submitted under subparagraph
(A) shall specify each criteria described in subsection (f)
that the project meets.
``(C) Availability.--The Secretary shall make available on
the website of the Department the report submitted under
subparagraph (A).''; and
(8) by striking subsections (l) and (m) and inserting the
following:
``(l) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the MAP-21, the Secretary shall submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate regarding projects of national and regional
significance.
``(2) Purpose.--The purpose of the report issued under this
subsection shall be to identify projects of national and regional
significance that--
``(A) will significantly improve the performance of the
Federal-aid highway system, nationally or regionally;
``(B) is able to--
``(i) generate national economic benefits that
reasonably exceed the costs of the projects, including
increased access to jobs, labor, and other critical
economic inputs;
``(ii) reduce long-term congestion, including impacts
in the State, region, and the United States, and increase
speed, reliability, and accessibility of the movement of
people or freight; and
``(iii) improve transportation safety, including
reducing transportation accidents, and serious injuries and
fatalities; and
``(C) can be supported by an acceptable degree of non-
Federal financial commitments.
``(3) Contents.--The report issued under this subsection shall
include--
``(A) a comprehensive list of each project of national and
regional significance that--
``(i) has been complied through a survey of State
departments of transportation; and
``(ii) has been classified by the Secretary as a
project of regional or national significance in accordance
with this section;
``(B) an analysis of the information collected under
paragraph (1), including a discussion of the factors supporting
each classification of a project as a project of regional or
national significance; and
``(C) recommendations on financing for eligible project
costs.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for fiscal year
2013, to remain available until expended.''.
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal Facilities.--
Section 147 of title 23, United States Code, is amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Distribution of Funds.--Of the amounts made available to
ferry systems and public entities responsible for developing ferries
under this section for a fiscal year, 100 percent shall be allocated in
accordance with the formula set forth in subsection (d).
``(d) Formula.--Of the amounts allocated pursuant to subsection
(c)--
``(1) 20 percent shall be allocated among eligible entities in
the proportion that--
``(A) the number of ferry passengers carried by each ferry
system in the most recent fiscal year; bears to
``(B) the number of ferry passengers carried by all ferry
systems in the most recent fiscal year;
``(2) 45 percent shall be allocated among eligible entities in
the proportion that--
``(A) the number of vehicles carried by each ferry system
in the most recent fiscal year; bears to
``(B) the number of vehicles carried by all ferry systems
in the most recent fiscal year; and
``(3) 35 percent shall be allocated among eligible entities in
the proportion that--
``(A) the total route miles serviced by each ferry system;
bears to
``(B) the total route miles serviced by all ferry systems.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $67,000,000 for each of fiscal years
2013 and 2014.''.
(b) National Ferry Database.--Section 1801(e) of the SAFETEA-LU (23
U.S.C. 129 note; Public Law 109-59) is amended--
(1) in paragraph (2), by inserting ``, including any Federal,
State, and local government funding sources,'' after ``sources'';
and
(2) in paragraph (4)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B), the following:
``(C) ensure that the database is consistent with the
national transit database maintained by the Federal Transit
Administration; and''; and
(D) in subparagraph (D) (as redesignated by subparagraph
(B)), by striking ``2009'' and inserting ``2014''.
SEC. 1122. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States Code, is
amended to read as follows:
``Sec. 213. Transportation alternatives
``(a) Reservation of Funds.--
``(1) In general.--On October 1 of each of fiscal years 2013
and 2014, the Secretary shall proportionally reserve from the funds
apportioned to a State under section 104(b) to carry out the
requirements of this section an amount equal to the amount obtained
by multiplying the amount determined under paragraph (2) by the
ratio that--
``(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009 under
section 133(d)(2), as in effect on the day before the date of
enactment of the MAP-21; bears to
``(B) the total amount of funds apportioned to all States
for that fiscal year for the transportation enhancements
program for fiscal year 2009.
``(2) Calculation of national amount.--The Secretary shall
determine an amount for each fiscal year that is equal to 2 percent
of the amounts authorized to be appropriated for such fiscal year
from the Highway Trust Fund (other than the Mass Transit Account)
to carry out chapters 1, 2, 5, and 6 of this title.
``(b) Eligible Projects.--A State may obligate the funds reserved
under this section for any of the following projects or activities:
``(1) Transportation alternatives, as defined in section 101.
``(2) The recreational trails program under section 206.
``(3) The safe routes to school program under section 1404 of
the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
``(4) Planning, designing, or constructing boulevards and other
roadways largely in the right-of-way of former Interstate System
routes or other divided highways.
``(c) Allocations of Funds.--
``(1) Calculation.--Of the funds reserved in a State under this
section--
``(A) 50 percent for a fiscal year shall be obligated under
this section to any eligible entity in proportion to their
relative shares of the population of the State--
``(i) in urbanized areas of the State with an urbanized
area population of over 200,000;
``(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent shall be obligated in any area of the
State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the metropolitan
area established under section 134 that encompasses the urbanized
area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in paragraph (1)(B),
the amount of funds that a State is required to obligate under
paragraph (1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the relative
population of the areas.
``(B) Other factors.--A State may obligate the funds
described in subparagraph (A) based on other factors if the
State and the relevant metropolitan planning organizations
jointly apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(4) Access to funds.--
``(A) In general.--Each State or metropolitan planning
organization required to obligate funds in accordance with
paragraph (1) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
``(B) Definition of eligible entity.--In this paragraph,
the term `eligible entity' means--
``(i) a local government;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land agency;
``(v) a school district, local education agency, or
school;
``(vi) a tribal government; and
``(vii) any other local or regional governmental entity
with responsibility for or oversight of transportation or
recreational trails (other than a metropolitan planning
organization or a State agency) that the State determines
to be eligible, consistent with the goals of this
subsection.
``(5) Selection of projects.--For funds reserved in a State
under this section and suballocated to a metropolitan planning area
under paragraph (1)(A)(i), each such metropolitan planning
organization shall select projects carried out within the
boundaries of the applicable metropolitan planning area, in
consultation with the relevant State.
``(d) Flexibility of Excess Reserved Funding.--Beginning in the
second fiscal year after the date of enactment of the MAP-21, if on
August 1 of that fiscal year the unobligated balance of available funds
reserved by a State under this section exceeds 100 percent of such
reserved amount in such fiscal year, the State may thereafter obligate
the amount of excess funds for any activity--
``(1) that is eligible to receive funding under this section;
or
``(2) for which the Secretary has approved the obligation of
funds for any State under section 149.
``(e) Treatment of Projects.--Notwithstanding any other provision
of law, projects funded under this section (excluding those carried out
under subsection (f)) shall be treated as projects on a Federal-aid
highway under this chapter.
``(f) Continuation of Certain Recreational Trails Projects.--Each
State shall--
``(1) obligate an amount of funds reserved under this section
equal to the amount of the funds apportioned to the State for
fiscal year 2009 under section 104(h)(2) for projects relating to
recreational trails under section 206;
``(2) return 1 percent of those funds to the Secretary for the
administration of that program; and
``(3) comply with the provisions of the administration of the
recreational trails program under section 206, including the use of
apportioned funds described under subsection (d)(3)(A) of that
section.
``(g) State Flexibility.--A State may opt out of the recreational
trails program under subsection (f) if the Governor of the State
notifies the Secretary not later than 30 days prior to apportionments
being made for any fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating to section
213 and inserting the following:
``213. Transportation alternatives''.
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or disaster''
means damage to a tribal transportation facility that--
(A) renders the tribal transportation facility impassable
or unusable;
(B) is caused by--
(i) a natural disaster over a widespread area; or
(ii) a catastrophic failure from an external cause; and
(C) would be eligible under the emergency relief program
under section 125 of title 23, United States Code, but does not
meet the funding thresholds required by that section.
(2) List.--The term ``list'' means the funding priority list
developed under subsection (c)(5).
(3) Program.--The term ``program'' means the Tribal High
Priority Projects program established under subsection (b)(1).
(4) Project.--The term ``project'' means a project provided
funds under the program.
(b) Program.--
(1) In general.--The Secretary shall use amounts made available
under subsection (h) to carry out a Tribal High Priority Projects
program under which funds shall be provided to eligible applicants
in accordance with this section.
(2) Eligible applicants.--Applicants eligible for program funds
under this section include--
(A) an Indian tribe whose annual allocation of funding
under section 202 of title 23, United States Code, is
insufficient to complete the highest priority project of the
Indian tribe;
(B) a governmental subdivision of an Indian tribe--
(i) that is authorized to administer the funding of the
Indian tribe under section 202 of title 23, United States
Code; and
(ii) for which the annual allocation under that section
is insufficient to complete the highest priority project of
the Indian tribe; or
(C) any Indian tribe that has an emergency or disaster with
respect to a transportation facility included on the national
inventory of tribal transportation facilities under section
202(b)(1) of title 23, United States Code.
(c) Project Applications; Funding.--
(1) In general.--To apply for funds under this section, an
eligible applicant shall submit to the Department of the Interior
or the Department an application that includes--
(A) project scope of work, including deliverables, budget,
and timeline;
(B) the amount of funds requested;
(C) project information addressing--
(i) the ranking criteria identified in paragraph (3);
or
(ii) the nature of the emergency or disaster;
(D) documentation that the project meets the definition of
a tribal transportation facility and is included in the
national inventory of tribal transportation facilities under
section 202(b)(1) of title 23, United States Code;
(E) documentation of official tribal action requesting the
project;
(F) documentation from the Indian tribe providing authority
for the Secretary of the Interior to place the project on a
transportation improvement program if the project is selected
and approved; and
(G) any other information the Secretary of the Interior or
Secretary considers appropriate to make a determination.
(2) Limitation on applications.--An applicant for funds under
the program may only have 1 application for assistance under this
section pending at any 1 time, including any emergency or disaster
application.
(3) Application ranking.--
(A) In general.--The Secretary of the Interior and the
Secretary shall determine the eligibility of, and fund, program
applications, subject to the availability of funds.
(B) Ranking criteria.--The project ranking criteria for
applications under this section shall include--
(i) the existence of safety hazards with documented
fatality and injury accidents;
(ii) the number of years since the Indian tribe last
completed a construction project funded by section 202 of
title 23, United States Code;
(iii) the readiness of the Indian tribe to proceed to
construction or bridge design need;
(iv) the percentage of project costs matched by funds
that are not provided under section 202 of title 23, United
States Code, with projects with a greater percentage of
other sources of matching funds ranked ahead of lesser
matches);
(v) the amount of funds requested, with requests for
lesser amounts given greater priority;
(vi) the challenges caused by geographic isolation; and
(vii) all weather access for employment, commerce,
health, safety, educational resources, or housing.
(4) Project scoring matrix.--The project scoring matrix
established in the appendix to part 170 of title 25, Code of
Regulations (as in effect on the date of enactment of this Act)
shall be used to rank all applications accepted under this section.
(5) Funding priority list.--
(A) In general.--The Secretary of the Interior and the
Secretary shall jointly produce a funding priority list that
ranks the projects approved for funding under the program.
(B) Limitation.--The number of projects on the list shall
be limited by the amount of funding made available.
(6) Timeline.--The Secretary of the Interior and the Secretary
shall--
(A) require applications for funding no sooner than 60 days
after funding is made available pursuant to subsection (a);
(B) notify all applicants and Regions in writing of
acceptance of applications;
(C) rank all accepted applications in accordance with the
project scoring matrix, develop the funding priority list, and
return unaccepted applications to the applicant with an
explanation of deficiencies;
(D) notify all accepted applicants of the projects included
on the funding priority list no later than 180 days after the
application deadline has passed pursuant to subparagraph (A);
and
(E) distribute funds to successful applicants.
(d) Emergency or Disaster Project Applications.--
(1) In general.--Notwithstanding subsection (c)(6), an eligible
applicant may submit an emergency or disaster project application
at any time during the fiscal year.
(2) Consideration as priority.--The Secretary shall--
(A) consider project applications submitted under paragraph
(1) to be a priority; and
(B) fund the project applications in accordance with
paragraph (3).
(3) Funding.--
(A) In general.--If an eligible applicant submits an
application for a project under this subsection before the
issuance of the list under subsection (c)(5) and the project is
determined to be eligible for program funds, the Secretary of
the Interior shall provide funding for the project before
providing funding for other approved projects on the list.
(B) Submission after issuance of list.--If an eligible
applicant submits an application under this subsection after
the issuance of the list under subsection (c)(5) and the
distribution of program funds in accordance with the list, the
Secretary of the Interior shall provide funding for the project
on the date on which unobligated funds provided to projects on
the list are returned to the Department of the Interior.
(C) Effect on other projects.--If the Secretary of the
Interior uses funding previously designated for a project on
the list to fund an emergency or disaster project under this
subsection, the project on the list that did not receive
funding as a result of the redesignation of funds shall move to
the top of the list the following year.
(4) Emergency or disaster project cost.--The cost of a project
submitted as an emergency or disaster under this subsection shall
be at least 10 percent of the distribution of funds of the Indian
tribe under section 202(b) of title 23, United States Code.
(e) Limitation on Use of Funds.--Program funds shall not be used
for--
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
(4) structures and erosion protection unrelated to
transportation and roadways;
(5) general reservation planning not involving transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included on a
transportation improvement program approved by the Federal Highway
Administration, unless otherwise authorized by the Secretary of the
Interior and the Secretary;
(8) the purchase of equipment unless otherwise authorized by
Federal law; or
(9) the condemnation of land for recreational trails.
(f) Limitation on Project Amounts.--Project funding shall be
limited to a maximum of $1,000,000 per application, except that funding
for disaster or emergency projects shall also be limited to the
estimated cost of repairing damage to the tribal transportation
facility.
(g) Cost Estimate Certification.--All cost estimates prepared for a
project shall be required to be submitted by the applicant to the
Secretary of the Interior and the Secretary for certification and
approval.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$30,000,000 out of the general fund of the Treasury to carry out
the program for each of fiscal years 2013 and 2014.
(2) Administration.--The funds made available under paragraph
(1) shall be administered in the same manner as funds made
available for the tribal transportation program under section 202
of title 23, United States Code, except that--
(A) the funds made available for the program shall remain
available until September 30 of the third fiscal year after the
year appropriated; and
(B) the Federal share of the cost of a project shall be 100
percent.
Subtitle B--Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 134 of title 23, United States Code, is
amended to read as follows:
``Sec. 134. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation
systems that will serve the mobility needs of people and freight
and foster economic growth and development within and between
States and urbanized areas, while minimizing transportation-related
fuel consumption and air pollution through metropolitan and
statewide transportation planning processes identified in this
chapter; and
``(2) to encourage the continued improvement and evolution of
the metropolitan and statewide transportation planning processes by
metropolitan planning organizations, State departments of
transportation, and public transit operators as guided by the
planning factors identified in subsection (h) and section 135(d).
``(b) Definitions.--In this section and section 135, the following
definitions apply:
``(1) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by agreement
between the metropolitan planning organization for the area and the
Governor under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board of an
organization established as a result of the designation process
under subsection (d).
``(3) Nonmetropolitan area.--The term `nonmetropolitan area'
means a geographic area outside designated metropolitan planning
areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and appointed
officials of general purpose local government in a nonmetropolitan
area with responsibility for transportation.
``(5) Regional transportation planning organization.--The term
`regional transportation planning organization' means a policy
board of an organization established as the result of a designation
under section 135(m).
``(6) TIP.--The term `TIP' means a transportation improvement
program developed by a metropolitan planning organization under
subsection (j).
``(7) Urbanized area.--The term `urbanized area' means a
geographic area with a population of 50,000 or more, as determined
by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To accomplish
the objectives in subsection (a), metropolitan planning
organizations designated under subsection (d), in cooperation with
the State and public transportation operators, shall develop long-
range transportation plans and transportation improvement programs
through a performance-driven, outcome-based approach to planning
for metropolitan areas of the State.
``(2) Contents.--The plans and TIPs for each metropolitan area
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part
of an intermodal transportation system for the State and the United
States.
``(3) Process of development.--The process for developing the
plans and TIPs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems to be addressed.
``(d) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the affected population (including the
largest incorporated city (based on population) as determined
by the Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Not later than 2 years after the date of
enactment of MAP-21, each metropolitan planning organization that
serves an area designated as a transportation management area shall
consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan area,
including representation by providers of public transportation;
and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities--
``(A) to develop the plans and TIPs for adoption by a
metropolitan planning organization; and
``(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
``(4) Continuing designation.--A designation of a metropolitan
planning organization under this subsection or any other provision
of law shall remain in effect until the metropolitan planning
organization is redesignated under paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning organization may
be redesignated by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the existing planning area population
(including the largest incorporated city (based on population)
as determined by the Bureau of the Census) as appropriate to
carry out this section.
``(B) Restructuring.--A metropolitan planning organization
may be restructured to meet the requirements of paragraph (2)
without undertaking a redesignation.
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization may
be designated within an existing metropolitan planning area only if
the Governor and the existing metropolitan planning organization
determine that the size and complexity of the existing metropolitan
planning area make designation of more than 1 metropolitan planning
organization for the area appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organization and the
Governor.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period for the transportation plan; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as defined
by the Bureau of the Census.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the existing
metropolitan planning organization.
``(4) Existing metropolitan planning areas in nonattainment.--
``(A) In general.--Notwithstanding paragraph (2), except as
provided in subparagraph (B), in the case of an urbanized area
designated as a nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date
of enactment of the SAFETEA-LU, the boundaries of the
metropolitan planning area in existence as of such date of
enactment shall be retained.
``(B) Exception.--The boundaries described in subparagraph
(A) may be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner described in
subsection (d)(5).
``(5) New metropolitan planning areas in nonattainment.--In the
case of an urbanized area designated after the date of enactment of
the SAFETEA-LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning area--
``(A) shall be established in the manner described in
subsection (d)(1);
``(B) shall encompass the areas described in paragraph
(2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified under
the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon
monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each Governor
with responsibility for a portion of a multistate metropolitan area
and the appropriate metropolitan planning organizations to provide
coordinated transportation planning for the entire metropolitan
area.
``(2) Interstate compacts.--The consent of Congress is granted
to any 2 or more States--
``(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under
this section as the activities pertain to interstate areas and
localities within the States; and
``(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements
and compacts effective.
``(3) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan area or
an area which is designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.),
each metropolitan planning organization shall consult with the
other metropolitan planning organizations designated for such area
and the State in the coordination of plans and TIPs required by
this section.
``(2) Transportation improvements located in multiple mpos.--If
a transportation improvement, funded from the Highway Trust Fund or
authorized under chapter 53 of title 49, is located within the
boundaries of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate plans and TIPs
regarding the transportation improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
local planned growth, economic development, environmental
protection, airport operations, and freight movements) or to
coordinate its planning process, to the maximum extent
practicable, with such planning activities.
``(B) Requirements.--Under the metropolitan planning
process, transportation plans and TIPs shall be developed with
due consideration of other related planning activities within
the metropolitan area, and the process shall provide for the
design and delivery of transportation services within the
metropolitan area that are provided by--
``(i) recipients of assistance under chapter 53 of
title 49;
``(ii) governmental agencies and nonprofit
organizations (including representatives of the agencies
and organizations) that receive Federal assistance from a
source other than the Department of Transportation to
provide nonemergency transportation services; and
``(iii) recipients of assistance under section 204.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of people and
for freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
``(G) promote efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking to
support the national goals described in section 150(b) of this
title and in section 5301(c) of title 49.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--
``(I) In general.--Each metropolitan planning
organization shall establish performance targets that
address the performance measures described in section
150(c), where applicable, to use in tracking progress
towards attainment of critical outcomes for the region
of the metropolitan planning organization.
``(II) Coordination.--Selection of performance
targets by a metropolitan planning organization shall
be coordinated with the relevant State to ensure
consistency, to the maximum extent practicable.
``(ii) Public transportation performance targets.--
Selection of performance targets by a metropolitan planning
organization shall be coordinated, to the maximum extent
practicable, with providers of public transportation to
ensure consistency with sections 5326(c) and 5329(d) of
title 49.
``(C) Timing.--Each metropolitan planning organization
shall establish the performance targets under subparagraph (B)
not later than 180 days after the date on which the relevant
State or provider of public transportation establishes the
performance targets.
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets described in other State transportation plans and
transportation processes, as well as any plans developed under
chapter 53 of title 49 by providers of public transportation,
required as part of a performance-based program.
``(3) Failure to consider factors.--The failure to consider any
factor specified in paragraphs (1) and (2) shall not be reviewable
by any court under this title or chapter 53 of title 49, subchapter
II of chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan planning organization
shall prepare and update a transportation plan for its
metropolitan planning area in accordance with the requirements
of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan planning
organization shall prepare and update such plan every 4
years (or more frequently, if the metropolitan planning
organization elects to update more frequently) in the case
of each of the following:
``(I) Any area designated as nonattainment, as
defined in section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)).
``(II) Any area that was nonattainment and
subsequently designated to attainment in accordance
with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance plan
under section 175A of that Act (42 U.S.C. 7505a).
``(ii) Other areas.--In the case of any other area
required to have a transportation plan in accordance with
the requirements of this subsection, the metropolitan
planning organization shall prepare and update such plan
every 5 years unless the metropolitan planning organization
elects to update more frequently.
``(2) Transportation plan.--A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
``(A) Identification of transportation facilities.--
``(i) In general.--An identification of transportation
facilities (including major roadways, transit, multimodal
and intermodal facilities, nonmotorized transportation
facilities, and intermodal connectors) that should function
as an integrated metropolitan transportation system, giving
emphasis to those facilities that serve important national
and regional transportation functions.
``(ii) Factors.--In formulating the transportation
plan, the metropolitan planning organization shall consider
factors described in subsection (h) as the factors relate
to a 20-year forecast period.
``(B) Performance measures and targets.--A description of
the performance measures and performance targets used in
assessing the performance of the transportation system in
accordance with subsection (h)(2).
``(C) System performance report.--A system performance
report and subsequent updates evaluating the condition and
performance of the transportation system with respect to the
performance targets described in subsection (h)(2), including--
``(i) progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous
reports; and
``(ii) for metropolitan planning organizations that
voluntarily elect to develop multiple scenarios, an
analysis of how the preferred scenario has improved the
conditions and performance of the transportation system and
how changes in local policies and investments have impacted
the costs necessary to achieve the identified performance
targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range transportation plan
shall include a discussion of types of potential
environmental mitigation activities and potential areas to
carry out these activities, including activities that may
have the greatest potential to restore and maintain the
environmental functions affected by the plan.
``(ii) Consultation.--The discussion shall be developed
in consultation with Federal, State, and tribal wildlife,
land management, and regulatory agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan that--
``(I) demonstrates how the adopted transportation
plan can be implemented;
``(II) indicates resources from public and private
sources that are reasonably expected to be made
available to carry out the plan; and
``(III) recommends any additional financing
strategies for needed projects and programs.
``(ii) Inclusions.--The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted transportation plan if reasonable
additional resources beyond those identified in the
financial plan were available.
``(iii) Cooperative development.--For the purpose of
developing the transportation plan, the metropolitan
planning organization, transit operator, and State shall
cooperatively develop estimates of funds that will be
available to support plan implementation.
``(F) Operational and management strategies.--Operational
and management strategies to improve the performance of
existing transportation facilities to relieve vehicular
congestion and maximize the safety and mobility of people and
goods.
``(G) Capital investment and other strategies.--Capital
investment and other strategies to preserve the existing and
projected future metropolitan transportation infrastructure and
provide for multimodal capacity increases based on regional
priorities and needs.
``(H) Transportation and transit enhancement activities.--
Proposed transportation and transit enhancement activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization shall coordinate the development
of a transportation plan with the process for development of the
transportation control measures of the State implementation plan
required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning organization
may, while fitting the needs and complexity of its community,
voluntarily elect to develop multiple scenarios for
consideration as part of the development of the metropolitan
transportation plan, in accordance with subparagraph (B).
``(B) Recommended components.--A metropolitan planning
organization that chooses to develop multiple scenarios under
subparagraph (A) shall be encouraged to consider--
``(i) potential regional investment strategies for the
planning horizon;
``(ii) assumed distribution of population and
employment;
``(iii) a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection (h)(2);
``(iv) a scenario that improves the baseline conditions
for as many of the performance measures identified in
subsection (h)(2) as possible;
``(v) revenue constrained scenarios based on the total
revenues expected to be available over the forecast period
of the plan; and
``(vi) estimated costs and potential revenues available
to support each scenario.
``(C) Metrics.--In addition to the performance measures
identified in section 150(c), metropolitan planning
organizations may evaluate scenarios developed under this
paragraph using locally-developed measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible for land
use management, natural resources, environmental protection,
conservation, and historic preservation concerning the
development of a long-range transportation plan.
``(B) Issues.--The consultation shall involve, as
appropriate--
``(i) comparison of transportation plans with State
conservation plans or maps, if available; or
``(ii) comparison of transportation plans to
inventories of natural or historic resources, if available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transportation, representatives of users of pedestrian walkways
and bicycle transportation facilities, representatives of the
disabled, and other interested parties with a reasonable
opportunity to comment on the transportation plan.
``(B) Contents of participation plan.--A participation
plan--
``(i) shall be developed in consultation with all
interested parties; and
``(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents of the
transportation plan.
``(C) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum extent
practicable--
``(i) hold any public meetings at convenient and
accessible locations and times;
``(ii) employ visualization techniques to describe
plans; and
``(iii) make public information available in
electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information under
subparagraph (A).
``(7) Publication.--A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in
electronically accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization and
submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or metropolitan planning
organization shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the State and any
affected public transportation operator, the metropolitan
planning organization designated for a metropolitan area shall
develop a TIP for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established
in the current metropolitan transportation plan; and
``(iii) once implemented, is designed to make progress
toward achieving the performance targets established under
subsection (h)(2).
``(B) Opportunity for comment.--In developing the TIP, the
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with
subsection (i)(5).
``(C) Funding estimates.--For the purpose of developing the
TIP, the metropolitan planning organization, public
transportation agency, and State shall cooperatively develop
estimates of funds that are reasonably expected to be available
to support program implementation.
``(D) Updating and approval.--The TIP shall be--
``(i) updated at least once every 4 years; and
``(ii) approved by the metropolitan planning
organization and the Governor.
``(2) Contents.--
``(A) Priority list.--The TIP shall include a priority list
of proposed Federally supported projects and strategies to be
carried out within each 4-year period after the initial
adoption of the TIP.
``(B) Financial plan.--The TIP shall include a financial
plan that--
``(i) demonstrates how the TIP can be implemented;
``(ii) indicates resources from public and private
sources that are reasonably expected to be available to
carry out the program;
``(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the approved
TIP if reasonable additional resources beyond those
identified in the financial plan were available.
``(C) Descriptions.--Each project in the TIP shall include
sufficient descriptive material (such as type of work, termini,
length, and other similar factors) to identify the project or
phase of the project.
``(D) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program toward achieving the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(3) Included projects.--
``(A) Projects under this title and chapter 53 of title
49.--A TIP developed under this subsection for a metropolitan
area shall include the projects within the area that are
proposed for funding under chapter 1 of this title and chapter
53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for funding
under chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually in the transportation improvement program.
``(C) Consistency with long-range transportation plan.--
Each project shall be consistent with the long-range
transportation plan developed under subsection (i) for the
area.
``(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project or the identified phase within the
time period contemplated for completion of the project or the
identified phase.
``(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with the State
and any affected public transportation operator, shall provide an
opportunity for participation by interested parties in the
development of the program, in accordance with subsection (i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally funded
projects in metropolitan areas shall be carried out, from the
approved TIP--
``(i) by--
``(I) in the case of projects under this title, the
State; and
``(II) in the case of projects under chapter 53 of
title 49, the designated recipients of public
transportation funding; and
``(ii) in cooperation with the metropolitan planning
organization.
``(B) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved TIP
in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding paragraph
(2)(B)(iv), a State or metropolitan planning organization shall
not be required to select any project from the illustrative
list of additional projects included in the financial plan
under paragraph (2)(B)(iv).
``(B) Required action by the secretary.--Action by the
Secretary shall be required for a State or metropolitan
planning organization to select any project from the
illustrative list of additional projects included in the
financial plan under paragraph (2)(B)(iv) for inclusion in an
approved TIP.
``(7) Publication.--
``(A) Publication of tips.--A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review.
``(B) Publication of annual listings of projects.--
``(i) In general.--An annual listing of projects,
including investments in pedestrian walkways and bicycle
transportation facilities, for which Federal funds have
been obligated in the preceding year shall be published or
otherwise made available by the cooperative effort of the
State, transit operator, and metropolitan planning
organization for public review.
``(ii) Requirement.--The listing shall be consistent
with the categories identified in the TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The Secretary shall
identify as a transportation management area each urbanized
area (as defined by the Bureau of the Census) with a population
of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation management
area on the request of the Governor and the metropolitan
planning organization designated for the area.
``(2) Transportation plans.--In a transportation management
area, transportation plans shall be based on a continuing and
comprehensive transportation planning process carried out by the
metropolitan planning organization in cooperation with the State
and public transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under this title
and chapter 53 of title 49 through the use of travel demand
reduction and operational management strategies.
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than 1 year after
the identification of a transportation management area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under this title
(excluding projects carried out on the National Highway System)
or under chapter 53 of title 49 shall be selected for
implementation from the approved TIP by the metropolitan
planning organization designated for the area in consultation
with the State and any affected public transportation operator.
``(B) National highway system projects.--Projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area on the National
Highway System shall be selected for implementation from the
approved TIP by the State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning process of
a metropolitan planning organization serving a
transportation management area is being carried out in
accordance with applicable provisions of Federal law; and
``(ii) subject to subparagraph (B), certify, not less
often than once every 4 years, that the requirements of
this paragraph are met with respect to the metropolitan
planning process.
``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
``(i) the transportation planning process complies with
the requirements of this section and other applicable
requirements of Federal law; and
``(ii) there is a TIP for the metropolitan planning
area that has been approved by the metropolitan planning
organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--If a metropolitan
planning process of a metropolitan planning organization
serving a transportation management area is not certified,
the Secretary may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded
under this title and chapter 53 of title 49.
``(ii) Restoration of withheld funds.--The withheld
funds shall be restored to the metropolitan planning area
at such time as the metropolitan planning process is
certified by the Secretary.
``(D) Review of certification.--In making certification
determinations under this paragraph, the Secretary shall
provide for public involvement appropriate to the metropolitan
area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to Congress a
report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this
subsection
``(2) Report.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to Congress a
report evaluating--
``(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
``(B) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section;
``(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance targets
specified under this section and whether metropolitan planning
organizations are developing meaningful performance targets;
and
``(D) the technical capacity of metropolitan planning
organizations that operate within a metropolitan planning area
of less than 200,000 and their ability to carry out the
requirements of this section.
``(3) Publication.--The report under paragraph (2) shall be
published or otherwise made available in electronically accessible
formats and means, including on the Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of a
metropolitan area not designated as a transportation management
area under this section, the Secretary may provide for the
development of an abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary determines is
appropriate to achieve the purposes of this section, taking into
account the complexity of transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.).
``(n) Additional Requirements for Certain Nonattainment Areas.--
``(1) In general.--Notwithstanding any other provisions of this
title or chapter 53 of title, for transportation management areas
classified as nonattainment for ozone or carbon monoxide pursuant
to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may
not be advanced in such area for any highway project that will
result in a significant increase in the carrying capacity for
single-occupant vehicles unless the project is addressed through a
congestion management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area boundaries
determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
title or chapter 53 of title 49.
``(p) Funding.--Funds set aside under section 104(f) of this title
or section 5305(g) of title 49 shall be available to carry out this
section.
``(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable opportunity
for public comment, since individual projects included in plans and
TIPs are subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and TIPs described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning a plan or TIP described in this section shall not
be considered to be a Federal action subject to review under that
Act.''.
(b) Study on Metropolitan Planning Scenario Development.--
(1) In general.--The Secretary shall evaluate the costs and
benefits associated with metropolitan planning organizations
developing multiple scenarios for consideration as a part of the
development of their metropolitan transportation plan.
(2) Inclusions.--The evaluation shall include an analysis of
the technical and financial capacity of the metropolitan planning
organization needed to develop scenarios described in paragraph
(1).
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 135 of title 23, United States Code, is
amended to read as follows:
``Sec. 135. Statewide and nonmetropolitan transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--Subject to section
134, to accomplish the objectives stated in section 134(a), each
State shall develop a statewide transportation plan and a statewide
transportation improvement program for all areas of the State.
``(2) Contents.--The statewide transportation plan and the
transportation improvement program developed for each State shall
provide for the development and integrated management and operation
of transportation systems and facilities (including accessible
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the State
and an integral part of an intermodal transportation system for the
United States.
``(3) Process of development.--The process for developing the
statewide plan and the transportation improvement program shall
provide for consideration of all modes of transportation and the
policies stated in section 134(a) and shall be continuing,
cooperative, and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be addressed.
``(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
``(1) coordinate planning carried out under this section with
the transportation planning activities carried out under section
134 for metropolitan areas of the State and with statewide trade
and economic development planning activities and related multistate
planning efforts; and
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--Two or more States may enter into agreements
or compacts, not in conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of activities
authorized under this section related to interstate areas and
localities in the States and establishing authorities the States
consider desirable for making the agreements and compacts
effective.
``(2) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for consideration and
implementation of projects, strategies, and services that will--
``(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of people and
freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the
State, for people and freight;
``(G) promote efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking to
support the national goals described in section 150(b) of this
title and in section 5301(c) of title 49.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--
``(I) In general.--Each State shall establish
performance targets that address the performance
measures described in section 150(c), where applicable,
to use in tracking progress towards attainment of
critical outcomes for the State.
``(II) Coordination.--Selection of performance
targets by a State shall be coordinated with the
relevant metropolitan planning organizations to ensure
consistency, to the maximum extent practicable.
``(ii) Public transportation performance targets.--In
urbanized areas not represented by a metropolitan planning
organization, selection of performance targets by a State
shall be coordinated, to the maximum extent practicable,
with providers of public transportation to ensure
consistency with sections 5326(c) and 5329(d) of title 49.
``(C) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and targets described in this
paragraph, in other State transportation plans and
transportation processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers of public
transportation in urbanized areas not represented by a
metropolitan planning organization required as part of a
performance-based program.
``(D) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be considered by a State when developing
policies, programs, and investment priorities reflected in the
statewide transportation plan and statewide transportation
improvement program.
``(3) Failure to consider factors.--The failure to take into
consideration the factors specified in paragraphs (1) and (2) shall
not be subject to review by any court under this title, chapter 53
of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a statewide transportation plan, a
statewide transportation improvement program, a project or
strategy, or the certification of a planning process.
``(e) Additional Requirements.--In carrying out planning under this
section, each State shall, at a minimum--
``(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (m);
``(2) consider the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction over land
within the boundaries of the State; and
``(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities with
related planning activities being carried out outside of
metropolitan planning areas and between States.
``(f) Long-range Statewide Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide transportation
plan shall be developed for each metropolitan area in the State
in cooperation with the metropolitan planning organization
designated for the metropolitan area under section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed
in cooperation with affected nonmetropolitan officials with
responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (m).
``(ii) Role of secretary.--The Secretary shall not
review or approve the consultation process in each State.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the statewide transportation plan shall be
developed in consultation with the tribal government and the
Secretary of the Interior.
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range transportation plan
shall be developed, as appropriate, in consultation with
State, tribal, and local agencies responsible for land use
management, natural resources, environmental protection,
conservation, and historic preservation.
``(ii) Comparison and consideration.--Consultation
under clause (i) shall involve comparison of transportation
plans to State and tribal conservation plans or maps, if
available, and comparison of transportation plans to
inventories of natural or historic resources, if available.
``(3) Participation by interested parties.--
``(A) In general.--In developing the statewide
transportation plan, the State shall provide to--
``(i) nonmetropolitan local elected officials or, if
applicable, through regional transportation planning
organizations described in subsection (m), an opportunity
to participate in accordance with subparagraph (B)(i); and
``(ii) citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities, representatives of the disabled,
providers of freight transportation services, and other
interested parties a reasonable opportunity to comment on
the proposed plan.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop and document a consultative process to
carry out subparagraph (A)(i) that is separate and discrete
from the public involvement process developed under clause
(ii);
``(ii) hold any public meetings at convenient and
accessible locations and times;
``(iii) employ visualization techniques to describe
plans; and
``(iv) make public information available in
electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information under
subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan shall
include a discussion of potential environmental mitigation
activities and potential areas to carry out these activities,
including activities that may have the greatest potential to
restore and maintain the environmental functions affected by
the plan.
``(B) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
``(5) Financial plan.--The statewide transportation plan may
include--
``(A) a financial plan that--
``(i) demonstrates how the adopted statewide
transportation plan can be implemented;
``(ii) indicates resources from public and private
sources that are reasonably expected to be made available
to carry out the plan; and
``(iii) recommends any additional financing strategies
for needed projects and programs; and
``(B) for illustrative purposes, additional projects that
would be included in the adopted statewide transportation plan
if reasonable additional resources beyond those identified in
the financial plan were available.
``(6) Selection of projects from illustrative list.--A State
shall not be required to select any project from the illustrative
list of additional projects included in the financial plan
described in paragraph (5).
``(7) Performance-based approach.--The statewide transportation
plan should include--
``(A) a description of the performance measures and
performance targets used in assessing the performance of the
transportation system in accordance with subsection (d)(2); and
``(B) a system performance report and subsequent updates
evaluating the condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2), including progress achieved by the
metropolitan planning organization in meeting the performance
targets in comparison with system performance recorded in
previous reports;
``(8) Existing system.--The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing transportation
system.
``(9) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the maximum
extent practicable) in electronically accessible formats and means,
such as the World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation improvement program for all areas of the State.
``(B) Duration and updating of program.--Each program
developed under subparagraph (A) shall cover a period of 4
years and shall be updated every 4 years or more frequently if
the Governor of the State elects to update more frequently.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be developed
in cooperation with the metropolitan planning organization
designated for the metropolitan area under section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to each nonmetropolitan
area in the State, the program shall be developed in
consultation with affected nonmetropolitan local officials
with responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (m).
``(ii) Role of secretary.--The Secretary shall not
review or approve the specific consultation process in the
State.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation with
the tribal government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing the
program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers of
freight transportation services, representatives of users of public
transportation, representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of the disabled,
and other interested parties with a reasonable opportunity to
comment on the proposed program.
``(4) Performance target achievement.--A statewide
transportation improvement program shall include, to the maximum
extent practicable, a discussion of the anticipated effect of the
statewide transportation improvement program toward achieving the
performance targets established in the statewide transportation
plan, linking investment priorities to those performance targets.
``(5) Included projects.--
``(A) In general.--A transportation improvement program
developed under this subsection for a State shall include
Federally supported surface transportation expenditures within
the boundaries of the State.
``(B) Listing of projects.--
``(i) In general.--An annual listing of projects for
which funds have been obligated for the preceding year in
each metropolitan planning area shall be published or
otherwise made available by the cooperative effort of the
State, transit operator, and the metropolitan planning
organization for public review.
``(ii) Funding categories.--The listing described in
clause (i) shall be consistent with the funding categories
identified in each metropolitan transportation improvement
program.
``(C) Projects under chapter 2.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for funding
under chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually in the transportation improvement program.
``(D) Consistency with statewide transportation plan.--Each
project shall be--
``(i) consistent with the statewide transportation plan
developed under this section for the State;
``(ii) identical to the project or phase of the project
as described in an approved metropolitan transportation
plan; and
``(iii) in conformance with the applicable State air
quality implementation plan developed under the Clean Air
Act (42 U.S.C. 7401 et seq.), if the project is carried out
in an area designated as a nonattainment area for ozone,
particulate matter, or carbon monoxide under part D of
title I of that Act (42 U.S.C. 7501 et seq.).
``(E) Requirement of anticipated full funding.--The
transportation improvement program shall include a project, or
an identified phase of a project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(F) Financial plan.--
``(i) In general.--The transportation improvement
program may include a financial plan that demonstrates how
the approved transportation improvement program can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made available
to carry out the transportation improvement program, and
recommends any additional financing strategies for needed
projects and programs.
``(ii) Additional projects.--The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation plan
if reasonable additional resources beyond those identified
in the financial plan were available.
``(G) Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding
subparagraph (F), a State shall not be required to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph
(F).
``(ii) Required action by the secretary.--Action by the
Secretary shall be required for a State to select any
project from the illustrative list of additional projects
included in the financial plan under subparagraph (F) for
inclusion in an approved transportation improvement
program.
``(H) Priorities.--The transportation improvement program
shall reflect the priorities for programming and expenditures
of funds, including transportation enhancement activities,
required by this title and chapter 53 of title 49.
``(6) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas with
populations of less than 50,000 individuals shall be selected,
from the approved transportation improvement program (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Interstate
maintenance program under this title or under sections 5310 and
5311 of title 49), by the State in cooperation with the
affected nonmetropolitan local officials with responsibility
for transportation or, if applicable, through regional
transportation planning organizations described in subsection
(m).
``(B) Other projects.--Projects carried out in areas with
populations of less than 50,000 individuals on the National
Highway System or under the bridge program or the Interstate
maintenance program under this title or under sections 5310,
5311, 5316, and 5317 of title 49 shall be selected, from the
approved statewide transportation improvement program, by the
State in consultation with the affected nonmetropolitan local
officials with responsibility for transportation.
``(7) Transportation improvement program approval.--Every 4
years, a transportation improvement program developed under this
subsection shall be reviewed and approved by the Secretary if based
on a current planning finding.
``(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the transportation planning
process through which statewide transportation plans and programs
are developed is consistent with this section and section 134.
``(9) Modifications to project priority.--Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project in
the program.
``(h) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria to
evaluate the effectiveness of the performance-based planning
processes of States, taking into consideration the following:
``(A) The extent to which the State is making progress
toward achieving, the performance targets described in
subsection (d)(2), taking into account whether the State
developed appropriate performance targets.
``(B) The extent to which the State has made transportation
investments that are efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies
on public input and awareness to ensure that investments
are transparent and accountable; and
``(ii) provides reports allowing the public to access
the information being collected in a format that allows the
public to meaningfully assess the performance of the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to Congress
a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based
planning process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(i) Funding.--Funds apportioned under section 104(b)(5) of this
title and set aside under section 5305(g) of title 49 shall be
available to carry out this section.
``(j) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and sections
5303 and 5304 of title 49, State laws, rules, or regulations pertaining
to congestion management systems or programs may constitute the
congestion management process under this section and section 134, and
sections 5303 and 5304 of title 49, if the Secretary finds that the
State laws, rules, or regulations are consistent with, and fulfill the
intent of, the purposes of this section and section 134 and sections
5303 and 5304 of title 49, as appropriate.
``(k) Continuation of Current Review Practice.--Since the statewide
transportation plan and the transportation improvement program
described in this section are subject to a reasonable opportunity for
public comment, since individual projects included in the statewide
transportation plans and the transportation improvement program are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning statewide transportation plans or the transportation
improvement program described in this section have not been reviewed
under that Act as of January 1, 1997, any decision by the Secretary
concerning a metropolitan or statewide transportation plan or the
transportation improvement program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(l) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made by this
section, taking into consideration the established planning update
cycle for States. The Secretary shall not require a State to deviate
from its established planning update cycle to implement changes made by
this section. States shall reflect changes made to their transportation
plan or transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary under
this subsection.
``(m) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to enhance
the planning, coordination, and implementation of statewide
strategic long-range transportation plans and transportation
improvement programs, with an emphasis on addressing the needs of
nonmetropolitan areas of the State.
``(2) Structure.--A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their designees
who volunteer for such organization and representatives of local
transportation systems who volunteer for such organization.
``(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their designees,
and, as appropriate, additional representatives from the State,
private business, transportation service providers, economic
development practitioners, and the public in the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development organization, to
provide professional planning, management, and administrative
support.
``(4) Duties.--The duties of a regional transportation planning
organization shall include--
``(A) developing and maintaining, in cooperation with the
State, regional long-range multimodal transportation plans;
``(B) developing a regional transportation improvement
program for consideration by the State;
``(C) fostering the coordination of local planning, land
use, and economic development plans with State, regional, and
local transportation plans and programs;
``(D) providing technical assistance to local officials;
``(E) participating in national, multistate, and State
policy and planning development processes to ensure the
regional and local input of nonmetropolitan areas;
``(F) providing a forum for public participation in the
statewide and regional transportation planning processes;
``(G) considering and sharing plans and programs with
neighboring regional transportation planning organizations,
metropolitan planning organizations, and, where appropriate,
tribal organizations; and
``(H) conducting other duties, as necessary, to support and
enhance the statewide planning process under subsection (d).
``(5) States without regional transportation planning
organizations.--If a State chooses not to establish or designate a
regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to determine
projects that may be of regional significance.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
135 and inserting the following:
``135. Statewide and nonmetropolitan transportation planning.''.
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended to read as follows:
``Sec. 150. National goals and performance management measures
``(a) Declaration of Policy.--Performance management will transform
the Federal-aid highway program and provide a means to the most
efficient investment of Federal transportation funds by refocusing on
national transportation goals, increasing the accountability and
transparency of the Federal-aid highway program, and improving project
decisionmaking through performance-based planning and programming.
``(b) National Goals.--It is in the interest of the United States
to focus the Federal-aid highway program on the following national
goals:
``(1) Safety.--To achieve a significant reduction in traffic
fatalities and serious injuries on all public roads.
``(2) Infrastructure condition.--To maintain the highway
infrastructure asset system in a state of good repair.
``(3) Congestion reduction.--To achieve a significant reduction
in congestion on the National Highway System.
``(4) System reliability.--To improve the efficiency of the
surface transportation system.
``(5) Freight movement and economic vitality.--To improve the
national freight network, strengthen the ability of rural
communities to access national and international trade markets, and
support regional economic development.
``(6) Environmental sustainability.--To enhance the performance
of the transportation system while protecting and enhancing the
natural environment.
``(7) Reduced project delivery delays.--To reduce project
costs, promote jobs and the economy, and expedite the movement of
people and goods by accelerating project completion through
eliminating delays in the project development and delivery process,
including reducing regulatory burdens and improving agencies' work
practices.
``(c) Establishment of Performance Measures.--
``(1) In general.--Not later than 18 months after the date of
enactment of the MAP-21, the Secretary, in consultation with State
departments of transportation, metropolitan planning organizations,
and other stakeholders, shall promulgate a rulemaking that
establishes performance measures and standards.
``(2) Administration.--In carrying out paragraph (1), the
Secretary shall--
``(A) provide States, metropolitan planning organizations,
and other stakeholders not less than 90 days to comment on any
regulation proposed by the Secretary under that paragraph;
``(B) take into consideration any comments relating to a
proposed regulation received during that comment period; and
``(C) limit performance measures only to those described in
this subsection.
``(3) National highway performance program.--
``(A) In general.--Subject to subparagraph (B), for the
purpose of carrying out section 119, the Secretary shall
establish--
``(i) minimum standards for States to use in developing
and operating bridge and pavement management systems;
``(ii) measures for States to use to assess--
``(I) the condition of pavements on the Interstate
system;
``(II) the condition of pavements on the National
Highway System (excluding the Interstate);
``(III) the condition of bridges on the National
Highway System;
``(IV) the performance of the Interstate System;
and
``(V) the performance of the National Highway
System (excluding the Interstate System);
``(iii) minimum levels for the condition of pavement on
the Interstate System, only for the purposes of carrying
out section 119(f)(1); and
``(iv) the data elements that are necessary to collect
and maintain standardized data to carry out a performance-
based approach.
``(B) Regions.--In establishing minimum condition levels
under subparagraph (A)(iii), if the Secretary determines that
various geographic regions of the United States experience
disparate factors contributing to the condition of pavement on
the Interstate System in those regions, the Secretary may
establish different minimum levels for each region;
``(4) Highway safety improvement program.--For the purpose of
carrying out section 148, the Secretary shall establish measures
for States to use to assess--
``(A) serious injuries and fatalities per vehicle mile
traveled; and
``(B) the number of serious injuries and fatalities.
``(5) Congestion mitigation and air quality program.--For the
purpose of carrying out section 149, the Secretary shall establish
measures for States to use to assess--
``(A) traffic congestion; and
``(B) on-road mobile source emissions.
``(6) National freight movement.--The Secretary shall establish
measures for States to use to assess freight movement on the
Interstate System.
``(d) Establishment of Performance Targets.--
``(1) In general.--Not later than 1 year after the Secretary
has promulgated the final rulemaking under subsection (c), each
State shall set performance targets that reflect the measures
identified in paragraphs (3), (4), (5), and (6) of subsection (c).
``(2) Different approaches for urban and rural areas.--In the
development and implementation of any performance target, a State
may, as appropriate, provide for different performance targets for
urbanized and rural areas.
``(e) Reporting on Performance Targets.--Not later than 4 years
after the date of enactment of the MAP-21 and biennially thereafter, a
State shall submit to the Secretary a report that describes--
``(1) the condition and performance of the National Highway
System in the State;
``(2) the effectiveness of the investment strategy document in
the State asset management plan for the National Highway System;
``(3) progress in achieving performance targets identified
under subsection (d); and
``(4) the ways in which the State is addressing congestion at
freight bottlenecks, including those identified in the National
Freight Strategic Plan, within the State.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
150 and inserting the following:
``150. National goals and performance management measures.''.
Subtitle C--Acceleration of Project Delivery
SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE.
(a) In General.--It is the policy of the United States that--
(1) it is in the national interest for the Department, State
departments of transportation, transit agencies, and all other
recipients of Federal transportation funds--
(A) to accelerate project delivery and reduce costs; and
(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner, promoting accountability
for public investments and encouraging greater private sector
involvement in project financing and delivery while enhancing
safety and protecting the environment;
(2) delay in the delivery of transportation projects increases
project costs, harms the economy of the United States, and impedes
the travel of the people of the United States and the shipment of
goods for the conduct of commerce; and
(3) the Secretary shall identify and promote the deployment of
innovation aimed at reducing the time and money required to deliver
transportation projects while enhancing safety and protecting the
environment.
(b) Project Delivery Initiative.--
(1) In general.--To advance the policy described in subsection
(a), the Secretary shall carry out a project delivery initiative
under this section.
(2) Purposes.--The purposes of the project delivery initiative
shall be--
(A) to develop and advance the use of best practices to
accelerate project delivery and reduce costs across all modes
of transportation and expedite the deployment of technology and
innovation;
(B) to implement provisions of law designed to accelerate
project delivery; and
(C) to select eligible projects for applying experimental
features to test innovative project delivery techniques.
(3) Advancing the use of best practices.--
(A) In general.--In carrying out the initiative under this
section, the Secretary shall identify and advance best
practices to reduce delivery time and project costs, from
planning through construction, for transportation projects and
programs of projects regardless of mode and project size.
(B) Administration.--To advance the use of best practices,
the Secretary shall--
(i) engage interested parties, affected communities,
resource agencies, and other stakeholders to gather
information regarding opportunities for accelerating
project delivery and reducing costs;
(ii) establish a clearinghouse for the collection,
documentation, and advancement of existing and new
innovative approaches and best practices;
(iii) disseminate information through a variety of
means to transportation stakeholders on new innovative
approaches and best practices; and
(iv) provide technical assistance to assist
transportation stakeholders in the use of flexibility
authority to resolve project delays and accelerate project
delivery if feasible.
(4) Implementation of accelerated project delivery.--The
Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully implemented,
including--
(A) expanding eligibility of early acquisition of property
prior to completion of environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) allowing the use of the construction manager or general
contractor method of contracting in the Federal-aid highway
system; and
(C) establishing a demonstration program to streamline the
relocation process by permitting a lump-sum payment for
acquisition and relocation if elected by the displaced
occupant.
(c) Expedited Project Delivery.--Section 101(b) of title 23, United
States Code, is amended by adding at the end the following:
``(4) Expedited project delivery.--
``(A) In general.--Congress declares that it is in the
national interest to expedite the delivery of surface
transportation projects by substantially reducing the average
length of the environmental review process.
``(B) Policy of the united states.--Accordingly, it is the
policy of the United States that--
``(i) the Secretary shall have the lead role among
Federal agencies in carrying out the environmental review
process for surface transportation projects;
``(ii) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process for
surface transportation projects;
``(iii) project sponsors shall not be prohibited from
carrying out preconstruction project development activities
concurrently with the environmental review process;
``(iv) programmatic approaches shall be used to reduce
the need for project-by-project reviews and decisions by
Federal agencies; and
``(v) the Secretary shall identify opportunities for
project sponsors to assume responsibilities of the
Secretary where such responsibilities can be assumed in a
manner that protects public health, the environment, and
public participation.''.
SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) Real Property Interests.--Section 108 of title 23, United
States Code, is amended--
(1) by striking ``real property'' each place it appears and
inserting ``real property interests'';
(2) by striking ``right-of-way'' each place it appears and
inserting ``real property interest''; and
(3) by striking ``rights-of-way'' each place it appears and
inserting ``real property interests''.
(b) State-funded Early Acquisition of Real Property Interests.--
Section 108(c) of title 23, United States Code, is amended--
(1) in the subsection heading, by striking ``Early Acquisition
of Rights-of-way'' and inserting ``State-funded Early Acquisition
of Real Property Interests'';
(2) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(3) in paragraph (2) (as so redesignated)--
(A) in the heading, by striking ``General rule'' and
inserting ``Eligibility for reimbursement''; and
(B) by striking ``Subject to paragraph (2)'' and inserting
``Subject to paragraph (3)'';
(4) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) In general.--A State may carry out, at the expense of the
State, acquisitions of interests in real property for a project
before completion of the review process required for the project
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) without affecting subsequent approvals required for the
project by the State or any Federal agency.''; and
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``in paragraph (1)'' and inserting ``in paragraph (2)''; and
(B) in subparagraph (G), by striking ``both the Secretary
and the Administrator of the Environmental Protection Agency
have concurred'' and inserting ``the Secretary has
determined''.
(c) Federally Funded Acquisition of Real Property Interests.--
Section 108 of title 23, United States Code, is amended by adding at
the end the following:
``(d) Federally Funded Early Acquisition of Real Property
Interests.--
``(1) Definition of acquisition of a real property interest.--
In this subsection, the term `acquisition of a real property
interest' includes the acquisition of--
``(A) any interest in land;
``(B) a contractual right to acquire any interest in land;
or
``(C) any other similar action to acquire or preserve
rights-of-way for a transportation facility.
``(2) Authorization.--The Secretary may authorize the use of
funds apportioned to a State under this title for the acquisition
of a real property interest by a State.
``(3) State certification.--A State requesting Federal funding
for an acquisition of a real property interest shall certify in
writing, with concurrence by the Secretary, that--
``(A) the State has authority to acquire the real property
interest under State law; and
``(B) the acquisition of the real property interest--
``(i) is for a transportation purpose;
``(ii) will not cause any significant adverse
environmental impact;
``(iii) will not limit the choice of reasonable
alternatives for the project or otherwise influence the
decision of the Secretary on any approval required for the
project;
``(iv) does not prevent the lead agency from making an
impartial decision as to whether to accept an alternative
that is being considered in the environmental review
process;
``(v) is consistent with the State transportation
planning process under section 135;
``(vi) complies with other applicable Federal laws
(including regulations);
``(vii) will be acquired through negotiation, without
the threat of condemnation; and
``(viii) will not result in a reduction or elimination
of benefits or assistance to a displaced person required by
the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)
and title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(4) Environmental compliance.--
``(A) In general.--Before authorizing Federal funding for
an acquisition of a real property interest, the Secretary shall
complete the review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the
acquisition of the real property interest.
``(B) Independent utility.--The acquisition of a real
property interest--
``(i) shall be treated as having independent utility
for purposes of the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(ii) shall not limit consideration of alternatives
for future transportation improvements with respect to the
real property interest.
``(5) Programming.--
``(A) In general.--The acquisition of a real property
interest for which Federal funding is requested shall be
included as a project in an applicable transportation
improvement program under sections 134 and 135 and sections
5303 and 5304 of title 49.
``(B) Acquisition project.--The acquisition project may
consist of the acquisition of a specific parcel, a portion of a
transportation corridor, or an entire transportation corridor.
``(6) Development.--Real property interests acquired under this
subsection may not be developed in anticipation of a project until
all required environmental reviews for the project have been
completed.
``(7) Reimbursement.--If Federal-aid reimbursement is made for
real property interests acquired early under this section and the
real property interests are not subsequently incorporated into a
project eligible for surface transportation funds within the time
allowed by subsection (a)(2), the Secretary shall offset the amount
reimbursed against funds apportioned to the State.
``(8) Other requirements and conditions.--
``(A) Applicable law.--The acquisition of a real property
interest shall be carried out in compliance with all
requirements applicable to the acquisition of real property
interests for federally funded transportation projects.
``(B) Additional conditions.--The Secretary may establish
such other conditions or restrictions on acquisitions under
this subsection as the Secretary determines to be
appropriate.''.
SEC. 1303. LETTING OF CONTRACTS.
(a) Efficiencies in Contracting.--Section 112(b) of title 23,
United States Code, is amended by adding at the end the following:
``(4) Method of contracting.--
``(A) In general.--
``(i) 2-phase contract.--A contracting agency may award
a 2-phase contract to a construction manager or general
contractor for preconstruction and construction services.
``(ii) Preconstruction services phase.--In the
preconstruction services phase of a contract under this
paragraph, the contractor shall provide the contracting
agency with advice for scheduling, work sequencing, cost
engineering, constructability, cost estimating, and risk
identification.
``(iii) Agreement.--Prior to the start of the
construction services phase, the contracting agency and the
contractor may agree to a price and other factors specified
in regulation for the construction of the project or a
portion of the project.
``(iv) Construction phase.--If an agreement is reached
under clause (iii), the contractor shall be responsible for
the construction of the project or portion of the project
at the negotiated price and in compliance with the other
factors specified in the agreement.
``(B) Selection.--A contract shall be awarded to a
contractor under this paragraph using a competitive selection
process based on qualifications, experience, best value, or any
other combination of factors considered appropriate by the
contracting agency.
``(C) Timing.--
``(i) Relationship to nepa process.--Prior to the
completion of the environmental review process required
under section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332), a contracting agency may--
``(I) issue requests for proposals;
``(II) proceed with the award of a contract for
preconstruction services under subparagraph (A)(ii);
and
``(III) issue notices to proceed with a preliminary
design and any work related to preliminary design, to
the extent that those actions do not limit any
reasonable range of alternatives.
``(ii) Construction services phase.--A contracting
agency shall not proceed with the award of the construction
services phase of a contract under subparagraph (A)(iv) and
shall not proceed, or permit any consultant or contractor
to proceed, with final design or construction until
completion of the environmental review process required
under section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332).
``(iii) Approval requirement.--Prior to authorizing
construction activities, the Secretary shall approve--
``(I) the price estimate of the contracting agency
for the entire project; and
``(II) any price agreement with the general
contractor for the project or a portion of the project.
``(iv) Design activities.--
``(I) In general.--A contracting agency may
proceed, at the expense of the contracting agency, with
design activities at any level of detail for a project
before completion of the review process required for
the project under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) without affecting
subsequent approvals required for the project.
``(II) Reimbursement.--Design activities carried
out under subclause (I) shall be eligible for Federal
reimbursement as a project expense in accordance with
the requirements under section 109(r).
``(v) Termination provision.--The Secretary shall
require a contract to include an appropriate termination
provision in the event that a no-build alternative is
selected.''.
(b) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out the amendment made by subsection (a).
(c) Effect on Experimental Program.--Nothing in this section or the
amendment made by this section affects the authority to carry out, or
any project carried out under, any experimental program concerning
construction manager risk that is being carried out by the Secretary as
of the date of enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.
(a) Declaration of Policy.--
(1) In general.--Congress declares that it is in the national
interest to promote the use of innovative technologies and
practices that increase the efficiency of construction of, improve
the safety of, and extend the service life of highways and bridges.
(2) Inclusions.--The innovative technologies and practices
described in paragraph (1) include state-of-the-art intelligent
transportation system technologies, elevated performance standards,
and new highway construction business practices that improve
highway safety and quality, accelerate project delivery, and reduce
congestion related to highway construction.
(b) Federal Share.--Section 120(c) of title 23, United States Code,
is amended by adding at the end the following:
``(3) Innovative project delivery.--
``(A) In general.--Except as provided in subparagraph (C),
the Federal share payable on account of a project, program, or
activity carried out with funds apportioned under paragraph
(1), (2), or (5) of section 104(b) may, at the discretion of
the State, be up to 100 percent for any such project, program,
or activity that the Secretary determines--
``(i) contains innovative project delivery methods that
improve work zone safety for motorists or workers and the
quality of the facility;
``(ii) contains innovative technologies, manufacturing
processes, financing, or contracting methods that improve
the quality of, extend the service life of, or decrease the
long-term costs of maintaining highways and bridges;
``(iii) accelerates project delivery while complying
with other applicable Federal laws (including regulations)
and not causing any significant adverse environmental
impact; or
``(iv) reduces congestion related to highway
construction.
``(B) Examples.--Projects, programs, and activities
described in subparagraph (A) may include the use of--
``(i) prefabricated bridge elements and systems and
other technologies to reduce bridge construction time;
``(ii) innovative construction equipment, materials, or
techniques, including the use of in-place recycling
technology and digital 3-dimensional modeling technologies;
``(iii) innovative contracting methods, including the
design-build and the construction manager-general
contractor contracting methods;
``(iv) intelligent compaction equipment; or
``(v) contractual provisions that offer a contractor an
incentive payment for early completion of the project,
program, or activity, subject to the condition that the
incentives are accounted for in the financial plan of the
project, when applicable.
``(C) Limitations.--
``(i) In general.--In each fiscal year, a State may use
the authority under subparagraph (A) for up to 10 percent
of the combined apportionments of the State under
paragraphs (1), (2), and (5) of section 104(b).
``(ii) Federal share increase.--The Federal share
payable on account of a project, program, or activity
described in subparagraph (A) may be increased by up to 5
percent of the total project cost.''.
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Flexibility.--Section 139(b) of title 23, United States Code,
is amended--
(1) in paragraph (2) by inserting ``, and any requirements
established under this section may be satisfied,'' after
``exercised''; and
(2) by adding at the end the following:
``(3) Programmatic compliance.--
``(A) In general.--The Secretary shall initiate a
rulemaking to allow for the use of programmatic approaches to
conduct environmental reviews that--
``(i) eliminate repetitive discussions of the same
issues;
``(ii) focus on the actual issues ripe for analyses at
each level of review; and
``(iii) are consistent with--
``(I) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(II) other applicable laws.
``(B) Requirements.--In carrying out subparagraph (A), the
Secretary shall--
``(i) before initiating the rulemaking under that
subparagraph, consult with relevant Federal agencies and
State resource agencies, State departments of
transportation, Indian tribes, and the public on the
appropriate use and scope of the programmatic approaches;
``(ii) emphasize the importance of collaboration among
relevant Federal agencies, State agencies, and Indian
tribes in undertaking programmatic reviews, especially with
respect to including reviews with a broad geographic scope;
``(iii) ensure that the programmatic reviews--
``(I) promote transparency, including of the
analyses and data used in the environmental reviews,
the treatment of any deferred issues raised by agencies
or the public, and the temporal and special scales to
be used to analyze such issues;
``(II) use accurate and timely information in
reviews, including--
``(aa) criteria for determining the general
duration of the usefulness of the review; and
``(bb) the timeline for updating any out-of-
date review;
``(III) describe--
``(aa) the relationship between programmatic
analysis and future tiered analysis; and
``(bb) the role of the public in the creation
of future tiered analysis; and
``(IV) are available to other relevant Federal and
State agencies, Indian tribes, and the public;
``(iv) allow not fewer than 60 days of public notice
and comment on any proposed rule; and
``(v) address any comments received under clause
(iv).''.
(b) Federal Lead Agency.--Section 139(c) of title 23, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Department of Transportation'' and
inserting the following:
``(A) In general.--The Department of Transportation''; and
(B) by adding at the end the following:
``(B) Modal administration.--If the project requires
approval from more than 1 modal administration within the
Department, the Secretary may designate a single modal
administration to serve as the Federal lead agency for the
Department in the environmental review process for the
project.''.
(c) Participating Agencies.--Section 139(d) of title 23, United
States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Effect of designation.--
``(A) Requirement.--A participating agency shall comply
with the requirements of this section.
``(B) Implication.--Designation as a participating agency
under this subsection shall not imply that the participating
agency--
``(i) supports a proposed project; or
``(ii) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.''; and
(2) by striking paragraph (7) and inserting the following:
``(7) Concurrent reviews.--Each participating agency and
cooperating agency shall--
``(A) carry out the obligations of that agency under other
applicable law concurrently, and in conjunction, with the
review required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the
ability of the Federal agency to conduct needed analysis or
otherwise carry out those obligations; and
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion
of the environmental review process in a timely, coordinated,
and environmentally responsible manner.''.
(d) Project Initiation.--Section 139(e) of title 23, United States
Code, is amended--
(1) by striking ``The project sponsor'' and inserting the
following:
``(1) In general.--The project sponsor''; and
(2) by adding at the end the following:
``(2) Submission of documents.--The project sponsor may satisfy
the requirement under paragraph (1) by submitting to the Secretary
any relevant documents containing the information described in that
paragraph, including a draft notice for publication in the Federal
Register announcing the preparation of an environmental review for
the project.''.
(e) Coordination and Scheduling.--Section 139(g)(1)(B)(i) of title
23, United States Code, is amended by inserting ``and the concurrence
of'' after ``consultation with''.
SEC. 1306. ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 30 days after the close
of the public comment period on a draft environmental impact
statement, the Secretary may convene a meeting with the project
sponsor, lead agency, resource agencies, and any relevant State
agencies to ensure that all parties are on schedule to meet
deadlines for decisions to be made regarding the project.
``(B) Deadlines.--The deadlines referred to in subparagraph
(A) shall be those established under subsection (g), or any
other deadlines established by the lead agency, in consultation
with the project sponsor and other relevant agencies.
``(C) Failure to assure.--If the relevant agencies cannot
provide reasonable assurances that the deadlines described in
subparagraph (B) will be met, the Secretary may initiate the
issue resolution and referral process described under paragraph
(5) and before the completion of the record of decision.
``(5) Accelerated issue resolution and referral.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A Federal agency of jurisdiction,
project sponsor, or the Governor of a State in which a
project is located may request an issue resolution meeting
to be conducted by the lead agency.
``(ii) Action by lead agency.--The lead agency shall
convene an issue resolution meeting under clause (i) with
the relevant participating agencies and the project
sponsor, including the Governor only if the meeting was
requested by the Governor, to resolve issues that could--
``(I) delay completion of the environmental review
process; or
``(II) result in denial of any approvals required
for the project under applicable laws.
``(iii) Date.--A meeting requested under this
subparagraph shall be held by not later than 21 days after
the date of receipt of the request for the meeting, unless
the lead agency determines that there is good cause to
extend the time for the meeting.
``(iv) Notification.--On receipt of a request for a
meeting under this subparagraph, the lead agency shall
notify all relevant participating agencies of the request,
including the issue to be resolved, and the date for the
meeting.
``(v) Disputes.--If a relevant participating agency
with jurisdiction over an approval required for a project
under applicable law determines that the relevant
information necessary to resolve the issue has not been
obtained and could not have been obtained within a
reasonable time, but the lead agency disagrees, the
resolution of the dispute shall be forwarded to the heads
of the relevant agencies for resolution.
``(vi) Convention by lead agency.--A lead agency may
convene an issue resolution meeting under this subsection
at any time without the request of the Federal agency of
jurisdiction, project sponsor, or the Governor of a State.
``(B) Elevation of issue resolution.--
``(i) In general.--If issue resolution is not achieved
by not later than 30 days after the date of a relevant
meeting under subparagraph (A), the Secretary shall notify
the lead agency, the heads of the relevant participating
agencies, and the project sponsor (including the Governor
only if the initial issue resolution meeting request came
from the Governor) that an issue resolution meeting will be
convened.
``(ii) Requirements.--The Secretary shall identify the
issues to be addressed at the meeting and convene the
meeting not later than 30 days after the date of issuance
of the notice.
``(C) Referral of issue resolution.--
``(i) Referral to council on environmental quality.--
``(I) In general.--If resolution is not achieved by
not later than 30 days after the date of an issue
resolution meeting under subparagraph (B), the
Secretary shall refer the matter to the Council on
Environmental Quality.
``(II) Meeting.--Not later than 30 days after the
date of receipt of a referral from the Secretary under
subclause (I), the Council on Environmental Quality
shall hold an issue resolution meeting with the lead
agency, the heads of relevant participating agencies,
and the project sponsor (including the Governor only if
an initial request for an issue resolution meeting came
from the Governor).
``(ii) Referral to the president.--If a resolution is
not achieved by not later than 30 days after the date of
the meeting convened by the Council on Environmental
Quality under clause (i)(II), the Secretary shall refer the
matter directly to the President.
``(6) Financial penalty provisions.--
``(A) In general.--A Federal agency of jurisdiction over an
approval required for a project under applicable laws shall
complete any required approval on an expeditious basis using
the shortest existing applicable process.
``(B) Failure to decide.--
``(i) In general.--If an agency described in
subparagraph (A) fails to render a decision under any
Federal law relating to a project that requires the
preparation of an environmental impact statement or
environmental assessment, including the issuance or denial
of a permit, license, or other approval by the date
described in clause (ii), an amount of funding equal to the
amounts specified in subclause (I) or (II) shall be
rescinded from the applicable office of the head of the
agency, or equivalent office to which the authority for
rendering the decision has been delegated by law by not
later than 1 day after the applicable date under clause
(ii), and once each week thereafter until a final decision
is rendered, subject to subparagraph (C)--
``(I) $20,000 for any project for which an annual
financial plan under section 106(i) is required; or
``(II) $10,000 for any other project requiring
preparation of an environmental assessment or
environmental impact statement.
``(ii) Description of date.--The date referred to in
clause (i) is the later of--
``(I) the date that is 180 days after the date on
which an application for the permit, license, or
approval is complete; and
``(II) the date that is 180 days after the date on
which the Federal lead agency issues a decision on the
project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Limitations.--
``(i) In general.--No rescission of funds under
subparagraph (B) relating to an individual project shall
exceed, in any fiscal year, an amount equal to 2.5 percent
of the funds made available for the applicable agency
office.
``(ii) Failure to decide.--The total amount rescinded
in a fiscal year as a result of a failure by an agency to
make a decision by an applicable deadline shall not exceed
an amount equal to 7 percent of the funds made available
for the applicable agency office for that fiscal year.
``(D) No fault of agency.--A rescission of funds under this
paragraph shall not be made if the lead agency for the project
certifies that--
``(i) the agency has not received necessary information
or approvals from another entity, such as the project
sponsor, in a manner that affects the ability of the agency
to meet any requirements under State, local, or Federal
law; or
``(ii) significant new information or circumstances,
including a major modification to an aspect of the project,
requires additional analysis for the agency to make a
decision on the project application.
``(E) Limitation.--The Federal agency with jurisdiction for
the decision from which funds are rescinded pursuant to this
paragraph shall not reprogram funds to the office of the head
of the agency, or equivalent office, to reimburse that office
for the loss of the funds.
``(F) Audits.--In any fiscal year in which any funds are
rescinded from a Federal agency pursuant to this paragraph, the
Inspector General of that agency shall--
``(i) conduct an audit to assess compliance with the
requirements of this paragraph; and
``(ii) not later than 120 days after the end of the
fiscal year during which the rescission occurred, submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives a report describing the
reasons why the transfers were levied, including
allocations of resources.
``(G) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to comply
with, any Federal, State, local, or tribal law.
``(7) Expedient decisions and reviews.--To ensure that Federal
environmental decisions and reviews are expeditiously made--
``(A) adequate resources made available under this title
shall be devoted to ensuring that applicable environmental
reviews under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) are completed on an expeditious basis and
that the shortest existing applicable process under that Act is
implemented; and
``(B) the President shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, not less frequently than once every 120
days after the date of enactment of the MAP-21, a report on the
status and progress of the following projects and activities
funded under this title with respect to compliance with
applicable requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.):
``(i) Projects and activities required to prepare an
annual financial plan under section 106(i).
``(ii) A sample of not less than 5 percent of the
projects requiring preparation of an environmental impact
statement or environmental assessment in each State.''.
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.
Section 139(j) of title 23, United States Code, is amended by
adding at the end the following:
``(6) Memorandum of understanding.--Prior to providing funds
approved by the Secretary for dedicated staffing at an affected
Federal agency under paragraphs (1) and (2), the affected Federal
agency and the State agency shall enter into a memorandum of
understanding that establishes the projects and priorities to be
addressed by the use of the funds.''.
SEC. 1308. LIMITATIONS ON CLAIMS.
Section 139(l) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``180 days'' and inserting
``150 days''; and
(2) in paragraph (2) by striking ``180 days'' and inserting
``150 days''.
SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS WITHIN 4 YEARS.
Section 139 of title 23, United States Code, is amended by adding
at the end the following:
``(m) Enhanced Technical Assistance and Accelerated Project
Completion.--
``(1) Definition of covered project.--In this subsection, the
term `covered project' means a project--
``(A) that has an ongoing environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
``(B) for which at least 2 years, beginning on the date on
which a notice of intent is issued, have elapsed without the
issuance of a record of decision.
``(2) Technical assistance.--At the request of a project
sponsor or the Governor of a State in which a project is located,
the Secretary shall provide additional technical assistance to
resolve for a covered project any outstanding issues and project
delay, including by--
``(A) providing additional staff, training, and expertise;
``(B) facilitating interagency coordination;
``(C) promoting more efficient collaboration; and
``(D) supplying specialized onsite assistance.
``(3) Scope of work.--
``(A) In general.--In providing technical assistance for a
covered project under this subsection, the Secretary shall
establish a scope of work that describes the actions that the
Secretary will take to resolve the outstanding issues and
project delays, including establishing a schedule under
subparagraph (B).
``(B) Schedule.--
``(i) In general.--The Secretary shall establish and
meet a schedule for the completion of any permit, approval,
review, or study, required for the covered project by the
date that is not later than 4 years after the date on which
a notice of intent for the covered project is issued.
``(ii) Inclusions.--The schedule under clause (i)
shall--
``(I) comply with all applicable laws;
``(II) require the concurrence of the Council on
Environmental Quality and each participating agency for
the project with the State in which the project is
located or the project sponsor, as applicable; and
``(III) reflect any new information that becomes
available and any changes in circumstances that may
result in new significant impacts that could affect the
timeline for completion of any permit, approval,
review, or study required for the covered project.
``(4) Consultation.--In providing technical assistance for a
covered project under this subsection, the Secretary shall consult,
if appropriate, with resource and participating agencies on all
methods available to resolve the outstanding issues and project
delays for a covered project as expeditiously as possible.
``(5) Enforcement.--
``(A) In general.--All provisions of this section shall
apply to this subsection, including the financial penalty
provisions under subsection (h)(6).
``(B) Restriction.--If the Secretary enforces this
subsection under subsection (h)(6), the Secretary may use a
date included in a schedule under paragraph (3)(B) that is
created pursuant to and is in compliance with this subsection
in lieu of the dates under subsection (h)(6)(B)(ii).''.
SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1115(a)), is amended by adding at the end the
following:
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Environmental review process.--The term `environmental
review process' means the process for preparing for a project an
environmental impact statement, environmental assessment,
categorical exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Planning product.--The term `planning product' means a
detailed and timely decision, analysis, study, or other documented
information that--
``(A) is the result of an evaluation or decisionmaking
process carried out during transportation planning, including a
detailed corridor plan or a transportation plan developed under
section 134 that fully analyzes impacts on mobility, adjacent
communities, and the environment;
``(B) is intended to be carried into the transportation
project development process; and
``(C) has been approved by the State, all local and tribal
governments where the project is located, and by any relevant
metropolitan planning organization.
``(3) Project.--The term `project' has the meaning given the
term in section 139(a).
``(4) Project sponsor.--The term `project sponsor' has the
meaning given the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Subject to the conditions set forth in
subsection (d), the Federal lead agency for a project may adopt and
use a planning product in proceedings relating to any class of
action in the environmental review process of the project.
``(2) Identification.--When the Federal lead agency makes a
determination to adopt and use a planning product, the Federal lead
agency shall identify those agencies that participated in the
development of the planning products.
``(3) Partial adoption of planning products.--The Federal lead
agency may adopt a planning product under paragraph (1) in its
entirety or may select portions for adoption.
``(4) Timing.--A determination under paragraph (1) with respect
to the adoption of a planning product may be made at the time the
lead agencies decide the appropriate scope of environmental review
for the project but may also occur later in the environmental
review process, as appropriate.
``(c) Applicability.--
``(1) Planning decisions.--Planning decisions that may be
adopted pursuant to this section include--
``(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement the
project;
``(B) a decision with respect to modal choice, including a
decision to implement corridor or subarea study recommendations
to advance different modal solutions as separate projects with
independent utility;
``(C) a basic description of the environmental setting;
``(D) a decision with respect to methodologies for
analysis; and
``(E) an identification of programmatic level mitigation
for potential impacts that the Federal lead agency, in
consultation with Federal, State, local, and tribal resource
agencies, determines are most effectively addressed at a
regional or national program level, including--
``(i) system-level measures to avoid, minimize, or
mitigate impacts of proposed transportation investments on
environmental resources, including regional ecosystem and
water resources; and
``(ii) potential mitigation activities, locations, and
investments.
``(2) Planning analyses.--Planning analyses that may be adopted
pursuant to this section include studies with respect to--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally sensitive
areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential cumulative
effects on those resources, identified as a result of a
statewide or regional cumulative effects assessment; and
``(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects that the
Federal lead agency determines are most effectively addressed
at a regional or national program level.
``(d) Conditions.--Adoption and use of a planning product under
this section is subject to a determination by the Federal lead agency,
with the concurrence of other participating agencies with relevant
expertise and project sponsors as appropriate, and with an opportunity
for public notice and comment and consideration of those comments by
the Federal lead agency, that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed by engaging in active
consultation with appropriate Federal and State resource agencies
and Indian tribes.
``(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human and
natural environment.
``(4) During the planning process, notice was provided through
publication or other means to Federal, State, local, and tribal
governments that might have an interest in the proposed project,
and to members of the general public, of the planning products that
the planning process might produce and that might be relied on
during any subsequent environmental review process, and such
entities have been provided an appropriate opportunity to
participate in the planning process leading to such planning
product.
``(5) After initiation of the environmental review process, but
prior to determining whether to rely on and use the planning
product, the lead Federal agency has made documentation relating to
the planning product available to Federal, State, local, and tribal
governments that may have an interest in the proposed action, and
to members of the general public, and has considered any resulting
comments.
``(6) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(7) The planning product has a rational basis and is based on
reliable and reasonably current data and reasonable and
scientifically acceptable methodologies.
``(8) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to meet
requirements for use of the information in the environmental review
process.
``(9) The planning product is appropriate for adoption and use
in the environmental review process for the project.
``(10) The planning product was approved not later than 5 years
prior to date on which the information is adopted pursuant to this
section.
``(e) Effect of Adoption.--Any planning product adopted by the
Federal lead agency in accordance with this section may be incorporated
directly into an environmental review process document or other
environmental document and may be relied upon and used by other Federal
agencies in carrying out reviews of the project.
``(f) Rules of Construction.--
``(1) In general.--This section shall not be construed to make
the environmental review process applicable to the transportation
planning process conducted under this title and chapter 53 of title
49.
``(2) Transportation planning activities.--Initiation of the
environmental review process as a part of, or concurrently with,
transportation planning activities does not subject transportation
plans and programs to the environmental review process.
``(3) Planning products.--This section shall not be construed
to affect the use of planning products in the environmental review
process pursuant to other authorities under any other provision of
law or to restrict the initiation of the environmental review
process during planning.''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1115(b)), is
amended by adding at end the following:
``Sec. 168. Integration of planning and environmental review.''.
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1310(a)), is amended by adding at the end the
following:
``Sec. 169. Development of programmatic mitigation plans
``(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop 1 or more programmatic mitigation plans to
address the potential environmental impacts of future transportation
projects.
``(b) Scope.--
``(1) Scale.--A programmatic mitigation plan may be developed
on a regional, ecosystem, watershed, or statewide scale.
``(2) Resources.--The plan may encompass multiple environmental
resources within a defined geographic area or may focus on a
specific resource, such as aquatic resources, parkland, or wildlife
habitat.
``(3) Project impacts.--The plan may address impacts from all
projects in a defined geographic area or may focus on a specific
type of project.
``(4) Consultation.--The scope of the plan shall be determined
by the State or metropolitan planning organization, as appropriate,
in consultation with the agency or agencies with jurisdiction over
the resources being addressed in the mitigation plan.
``(c) Contents.--A programmatic mitigation plan may include--
``(1) an assessment of the condition of environmental resources
in the geographic area covered by the plan, including an assessment
of recent trends and any potential threats to those resources;
``(2) an assessment of potential opportunities to improve the
overall quality of environmental resources in the geographic area
covered by the plan, through strategic mitigation for impacts of
transportation projects;
``(3) standard measures for mitigating certain types of
impacts;
``(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria for
determining appropriate mitigation sites;
``(5) adaptive management procedures, such as protocols that
involve monitoring predicted impacts over time and adjusting
mitigation measures in response to information gathered through the
monitoring; and
``(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining appropriate
mitigation for certain types of resources.
``(d) Process.--Before adopting a programmatic mitigation plan, a
State or metropolitan planning organization shall--
``(1) consult with each agency with jurisdiction over the
environmental resources considered in the programmatic mitigation
plan;
``(2) make a draft of the plan available for review and comment
by applicable environmental resource agencies and the public;
``(3) consider any comments received from such agencies and the
public on the draft plan; and
``(4) address such comments in the final plan.
``(e) Integration With Other Plans.--A programmatic mitigation plan
may be integrated with other plans, including watershed plans,
ecosystem plans, species recovery plans, growth management plans, and
land use plans.
``(f) Consideration in Project Development and Permitting.--If a
programmatic mitigation plan has been developed pursuant to this
section, any Federal agency responsible for environmental reviews,
permits, or approvals for a transportation project may use the
recommendations in a programmatic mitigation plan when carrying out the
responsibilities under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(g) Preservation of Existing Authorities.--Nothing in this
section limits the use of programmatic approaches to reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1309(b)), is
amended by adding at the end the following:
``Sec. 169. Development of programmatic mitigation plans.''.
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(4) Preservation of flexibility.--The Secretary shall not
require a State, as a condition of assuming responsibility under
this section, to forego project delivery methods that are otherwise
permissible for highway projects.'';
(2) by striking subsection (d) and inserting the following:
``(d) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate any assumption of responsibility under a memorandum of
understanding on a determination that the State is not adequately
carrying out the responsibilities assigned to the State.
``(2) Termination by the state.--The State may terminate the
participation of the State in the program at any time by providing
to the Secretary a notice not later than the date that is 90 days
before the date of termination, and subject to such terms and
conditions as the Secretary may provide.''; and
(3) by adding at the end the following:
``(f) Legal Fees.--A State assuming the responsibilities of the
Secretary under this section for a specific project may use funds
apportioned to the State under section 104(b)(2) for attorney's fees
directly attributable to eligible activities associated with the
project.''.
SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``pilot''; and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (i) by striking ``but''; and
(B) by striking clause (ii) and inserting the following:
``(ii) at the request of the State, the Secretary may
also assign to the State, and the State may assume, the
responsibilities of the Secretary with respect to 1 or more
railroad, public transportation, or multimodal projects
within the State under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
``(iii) in a State that has assumed the
responsibilities of the Secretary under clause (ii), a
recipient of assistance under chapter 53 of title 49 may
request that the Secretary maintain the responsibilities of
the Secretary with respect to 1 or more public
transportation projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et
seq.); but
``(iv) the Secretary may not assign--
``(I) any responsibility imposed on the Secretary
by section 134 or 135 or section 5303 or 5304 of title
49; or
``(II) responsibility for any conformity
determination required under section 176 of the Clean
Air Act (42 U.S.C. 7506).''; and
(2) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary may not
require a State, as a condition of participation in the
program, to forego project delivery methods that are otherwise
permissible for projects.
``(G) Legal fees.--A State assuming the responsibilities of
the Secretary under this section for a specific project may use
funds apportioned to the State under section 104(b)(2) for
attorneys' fees directly attributable to eligible activities
associated with the project.''.
(c) State Participation.--Section 327(b) of title 23, United States
Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Participating states.--All States are eligible to
participate in the program.''; and
(2) in paragraph (2) by striking ``date of enactment of this
section, the Secretary shall promulgate'' and inserting ``date on
which amendments to this section by the MAP-21 take effect, the
Secretary shall amend, as appropriate,''.
(d) Written Agreement.--Section 327(c) of title 23, United States
Code, is amended--
(1) in paragraph (3)(D) by striking the period at the end and
inserting a semicolon; and
(2) by adding at the end the following:
``(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that the
State is adequately carrying out the responsibilities assigned to
the State;
``(5) have a term of not more than 5 years; and
``(6) be renewable.''.
(e) Conforming Amendment.--Section 327(e) of title 23, United
States Code, is amended by striking ``subsection (i)'' and inserting
``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) of title 23, United States Code,
is amended by striking ``subsequent year'' and inserting ``of the third
and fourth years''.
(g) Monitoring.--Section 327 of title 23, United States Code, is
amended--
(1) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Monitoring.--After the fourth year of the participation of a
State in the program, the Secretary shall monitor compliance by the
State with the written agreement, including the provision by the State
of financial resources to carry out the written agreement.''.
(h) Termination.--Section 327(j) of title 23, United States Code
(as so redesignated), is amended to read as follows:
``(j) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) notification of the determination of
noncompliance; and
``(ii) a period of at least 30 days during which to
take such corrective action as the Secretary determines is
necessary to comply with the applicable agreement; and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by the Secretary.
``(2) Termination by the state.--The State may terminate the
participation of the State in the program at any time by providing
to the Secretary a notice by not later than the date that is 90
days before the date of termination, and subject to such terms and
conditions as the Secretary may provide.''.
(i) Clerical Amendment.--The item relating to section 327 in the
analysis of title 23, United States Code, is amended to read as
follows:
``327. Surface transportation project delivery program.''.
SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
(a) In General.--Section 304 of title 49, United States Code, is
amended to read as follows:
``Sec. 304. Application of categorical exclusions for multimodal
projects
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Cooperating authority.--The term `cooperating authority'
means a Department of Transportation operating authority that is
not the lead authority with respect to a project.
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that--
``(A) is the lead authority over a proposed multimodal
project; and
``(B) has determined that the components of the project
that fall under the modal expertise of the lead authority--
``(i) satisfy the conditions for a categorical
exclusion under implementing regulations or procedures of
the lead authority under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(ii) do not require the preparation of an
environmental assessment or environmental impact statement
under that Act.
``(3) Multimodal project.--The term `multimodal project' has
the meaning given the term in section 139(a) of title 23.
``(b) Exercise of Authorities.--The authorities granted in this
section may be exercised for a multimodal project, class of projects,
or program of projects that are carried out under this title.
``(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a proposed
multimodal project, a lead authority may apply a categorical exclusion
designated under the implementing regulations or procedures of a
cooperating authority for other components of the project, subject to
the conditions that--
``(1) the multimodal project is funded under 1 grant agreement
administered by the lead authority;
``(2) the multimodal project has components that require the
expertise of a cooperating authority to assess the environmental
impacts of the components;
``(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has independent
utility;
``(4) the cooperating authority, in consultation with the lead
authority--
``(A) follows implementing regulations or procedures under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
``(B) determines that a categorical exclusion under that
Act applies to the components; and
``(5) the lead authority has determined that--
``(A) the project, using the categorical exclusions of the
lead authority and each applicable cooperating authority, does
not individually or cumulatively have a significant impact on
the environment; and
``(B) extraordinary circumstances do not exist that merit
additional analysis and documentation in an environmental
impact statement or environmental assessment required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(d) Modal Cooperation.--
``(1) In general.--A cooperating authority shall provide modal
expertise to the lead authority on such aspects of the multimodal
project in which the cooperating authority has expertise.
``(2) Use of categorical exclusion.--In a case described in
paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority once the
cooperating authority reviews the project on behalf of the lead
authority and determines the project satisfies the conditions for a
categorical exclusion under the implementing regulations or
procedures of the cooperating authority under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this
section.''.
(b) Conforming Amendment.--The item relating to section 304 in the
analysis for title 49, United States Code, is amended to read as
follows:
``304. Application of categorical exclusions for multimodal projects''.
SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, for the repair or reconstruction of any road, highway, or
bridge that is in operation or under construction when damaged by an
emergency declared by the Governor of the State and concurred in by the
Secretary, or for a disaster or emergency declared by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall publish a
notice of proposed rulemaking to treat any such repair or
reconstruction activity as a class of action categorically excluded
from the requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title 40, Code
of Federal Regulations, and section 771.117 of title 23, Code of
Federal Regulations (as in effect on the date of enactment of this Act)
if such repair or reconstruction activity is--
(1) in the same location with the same capacity, dimensions,
and design as the original road, highway, or bridge as before the
declaration described in this section; and
(2) commenced within a 2-year period beginning on the date of a
declaration described in this section.
(b) Rulemaking.--
(1) In general.--The Secretary shall ensure that the rulemaking
helps to conserve Federal resources and protects public safety and
health by providing for periodic evaluations to determine if
reasonable alternatives exist to roads, highways, or bridges that
repeatedly require repair and reconstruction activities.
(2) Reasonable alternatives.--The reasonable alternatives
described in paragraph (1) include actions that could reduce the
need for Federal funds to be expended on such repair and
reconstruction activities, better protect public safety and health
and the environment, and meet transportation needs as described in
relevant and applicable Federal, State, local and tribal plans.
SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE RIGHT-OF-WAY.
(a) In General.--The Secretary shall--
(1) not later than 180 days after the date of enactment of this
Act, designate any project (as defined in section 101(a) of title
23, United States Code) within an existing operational right-of-way
as an action categorically excluded from the requirements relating
to environmental assessments or environmental impact statements
under section 1508.4 of title 40, Code of Federal Regulations, and
section 771.117(c) of title 23, Code of Federal Regulations; and
(2) not later than 150 days after the date of enactment of this
Act, promulgate regulations to carry out paragraph (1).
(b) Definition of an Operational Right-of-way.--In this section,
the term ``operational right-of-way'' means all real property interests
acquired for the construction, operation, or mitigation of a project
(as defined in section 101(a) of title 23, United States Code),
including the locations of the roadway, bridges, interchanges,
culverts, drainage, clear zone, traffic control signage, landscaping,
and any rest areas with direct access to a controlled access highway.
SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall--
(1) designate as an action categorically excluded from the
requirements relating to environmental assessments or environmental
impact statements under section 1508.4 of title 40, Code of Federal
Regulations, and section 771.117(c) of title 23, Code of Federal
Regulations, any project--
(A) that receives less than $5,000,000 of Federal funds; or
(B) with a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15 percent
of the total estimated project cost; and
(2) not later than 150 days after the date of enactment of this
Act, promulgate regulations to carry out paragraph (1).
SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL
EXCLUSIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall--
(1) survey the use by the Department of categorical exclusions
in transportation projects since 2005;
(2) publish a review of the survey that includes a description
of--
(A) the types of actions categorically excluded; and
(B) any requests previously received by the Secretary for
new categorical exclusions; and
(3) solicit requests from State departments of transportation,
transit authorities, metropolitan planning organizations, or other
government agencies for new categorical exclusions.
(b) New Categorical Exclusions.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall publish a notice of
proposed rulemaking to propose new categorical exclusions received by
the Secretary under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section 771.117(a)
of title 23, Code of Federal Regulations (as those regulations are in
effect on the date of the notice).
(c) Additional Actions.--The Secretary shall issue a proposed
rulemaking to move the following types of actions from subsection (d)
of section 771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this Act), to subsection (c) of that
section, to the extent that such movement complies with the criteria
for a categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of this
Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).
(2) Highway safety or traffic operations improvement projects,
including the installation of ramp metering control devices and
lighting.
(3) Bridge rehabilitation, reconstruction, or replacement or
the construction of grade separation to replace existing at-grade
railroad crossings.
(d) Programmatic Agreements.--
(1) In general.--The Secretary shall seek opportunities to
enter into programmatic agreements with the States that establish
efficient administrative procedures for carrying out environmental
and other required project reviews.
(2) Inclusions.--Programmatic agreements authorized under
paragraph (1) may include agreements that allow a State to
determine on behalf of the Federal Highway Administration whether a
project is categorically excluded from the preparation of an
environmental assessment or environmental impact statement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Determinations.--An agreement described in paragraph (2)
may include determinations by the Secretary of the types of
projects categorically excluded (consistent with section 1508.4 of
title 40, Code of Federal Regulations) in the State in addition to
the types listed in subsections (c) and (d) of section 771.117 of
title 23, Code of Federal Regulations (as in effect on the date of
enactment of this Act).
SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), if the lead agency modifies the statement in
response to comments that are minor and are confined to factual
corrections or explanations of why the comments do not warrant
additional agency response, the lead agency may write on errata sheets
attached to the statement instead of rewriting the draft statement,
subject to the condition that the errata sheets--
(1) cite the sources, authorities, or reasons that support the
position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) Incorporation.--To the maximum extent practicable, the lead
agency shall expeditiously develop a single document that consists of a
final environmental impact statement and a record of decision, unless--
(1) the final environmental impact statement makes substantial
changes to the proposed action that are relevant to environmental
or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the proposed
action or the impacts of the proposed action.
SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION.
(a) In General.--It is the sense of Congress that--
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should cooperate
with each other and other agencies on environmental review and
project delivery activities at the earliest practicable time to
avoid delays and duplication of effort later in the process, head
off potential conflicts, and ensure that planning and project
development decisions reflect environmental values; and
(2) such cooperation should include the development of policies
and the designation of staff that advise planning agencies or
project sponsors of studies or other information foreseeably
required for later Federal action and early consultation with
appropriate State and local agencies and Indian tribes.
(b) Technical Assistance.--If requested at any time by a State or
local planning agency, the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review process, shall, to
the extent practicable and appropriate, as determined by the agencies,
provide technical assistance to the State or local planning agency on
accomplishing the early coordination activities described in subsection
(d).
(c) Memorandum of Agency Agreement.--If requested at any time by a
State or local planning agency, the lead agency, in consultation with
other Federal agencies with relevant jurisdiction in the environmental
review process, may establish memoranda of agreement with the project
sponsor, State, and local governments and other appropriate entities to
accomplish the early coordination activities described in subsection
(d).
(d) Early Coordination Activities.--Early coordination activities
shall include, to the maximum extent practicable, the following:
(1) Technical assistance on identifying potential impacts and
mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning products
and decisions in later environmental reviews.
(3) The identification and elimination from detailed study in
the environmental review process of the issues that are not
significant or that have been covered by prior environmental
reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating agencies
may prepare, as appropriate, other required analyses and studies
concurrently with planning activities.
(5) The identification by agencies with jurisdiction over any
permits related to the project of any and all relevant information
that will reasonably be required for the project.
(6) The reduction of duplication between requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and State and local planning and environmental review requirements,
unless the agencies are specifically barred from doing so by
applicable law.
(7) Timelines for the completion of agency actions during the
planning and environmental review processes.
(8) Other appropriate factors.
SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE.
(a) Establishment.--For grant programs under which funds are
distributed by formula by the Department, the Secretary shall establish
an initiative to review and develop consistent procedures for
environmental permitting and procurement requirements that apply to a
project carried out under title 23, United States Code, or chapter 53
of title 49, United States Code.
(b) Report.--The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically accessible
format.
SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND APPROVALS FOR THE
PURPOSE OF ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.
For environmental reviews and approvals carried out on projects
funded under title 23, United States Code, the Comptroller General of
the United States shall--
(1) review State laws and procedures for conducting
environmental reviews with regard to such projects and identify the
States that have environmental laws that provide environmental
protections and opportunities for public involvement that are
equivalent to those provided by Federal environmental laws;
(2) determine the frequency and cost of environmental reviews
carried out at the Federal level that are duplicative of State
reviews that provide equivalent environmental protections and
opportunities for public involvement; and
(3) not later than 2 years after the date of enactment of this
Act, submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report that describes the results
of the review and determination made under this section.
SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.
(a) Completion Time Assessments and Reports.--
(1) In general.--For projects funded under title 23, United
States Code, the Secretary shall compare--
(A)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact statements
initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact statements
initiated during a period prior to calendar year 2005; and
(B)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact statements
initiated during the period beginning on January 1, 2005, and
ending on the date of enactment of this Act; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact statements
initiated after the date of enactment of this Act.
(2) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate--
(A) not later than 1 year after the date of enactment of
this Act, a report that--
(i) describes the results of the review conducted under
paragraph (1)(A); and
(ii) identifies any change in the timing for
completions, including the reasons for any such change and
the reasons for delays in excess of 5 years; and
(B) not later than 5 years after the date of enactment of
this Act, a report that--
(i) describes the results of the review conducted under
paragraph (1)(B); and
(ii) identifies any change in the timing for
completions, including the reasons for any such change and
the reasons for delays in excess of 5 years.
(b) Additional Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the types and justification for the additional categorical exclusions
granted under the authority provided under sections 1316 and 1317.
(c) GAO Report.--The Comptroller General of the United States
shall--
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) not later than 5 years after the date of enactment of this
Act, submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report that describes the results
of the assessment.
(d) Inspector General Report.--The Inspector General of the
Department of Transportation shall--
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate--
(A) not later than 2 years after the date of enactment of
this Act, an initial report of the findings of the Inspector
General; and
(B) not later than 4 years after the date of enactment of
this Act, a final report of the findings.
Subtitle D--Highway Safety
SEC. 1401. JASON'S LAW.
(a) In General.--It is the sense of Congress that it is a national
priority to address projects under this section for the shortage of
long-term parking for commercial motor vehicles on the National Highway
System to improve the safety of motorized and nonmotorized users and
for commercial motor vehicle operators.
(b) Eligible Projects.--Eligible projects under this section are
those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor vehicle
parking, including inspection and weigh stations and park-and-
ride facilities.
(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems and
other means.
(E) Constructing turnouts along the National Highway System
for commercial motor vehicles.
(F) Making capital improvements to public commercial motor
vehicle parking facilities currently closed on a seasonal basis
to allow the facilities to remain open year-round.
(G) Improving the geometric design of interchanges on the
National Highway System to improve access to commercial motor
vehicle parking facilities.
(c) Survey and Comparative Assessment.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with relevant
State motor carrier safety personnel, shall conduct a survey of
each State--
(A) to evaluate the capability of the State to provide
adequate parking and rest facilities for commercial motor
vehicles engaged in interstate transportation;
(B) to assess the volume of commercial motor vehicle
traffic in the State; and
(C) to develop a system of metrics to measure the adequacy
of commercial motor vehicle parking facilities in the State.
(2) Results.--The results of the survey under paragraph (1)
shall be made available to the public on the website of the
Department of Transportation.
(3) Periodic updates.--The Secretary shall periodically update
the survey under this subsection.
(d) Electric Vehicle and Natural Gas Vehicle Infrastructure.--
(1) In general.--Except as provided in paragraph (2), a State
may establish electric vehicle charging stations or natural gas
vehicle refueling stations for the use of battery-powered or
natural gas-fueled trucks or other motor vehicles at any parking
facility funded or authorized under this Act or title 23, United
States Code.
(2) Exception.--Electric vehicle battery charging stations or
natural gas vehicle refueling stations may not be established or
supported under paragraph (1) if commercial establishments serving
motor vehicle users are prohibited by section 111 of title 23,
United States Code.
(3) Funds.--Charging or refueling stations described in
paragraph (1) shall be eligible for the same funds as are available
for the parking facilities in which the stations are located.
(e) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded through the authority provided under this section
shall be treated as projects on a Federal-aid highway under chapter 1
of title 23, United States Code.
SEC. 1402. OPEN CONTAINER REQUIREMENTS.
Section 154(c) of title 23, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing an open container law described in subsection (b),
the Secretary shall reserve an amount equal to 2.5 percent of
the funds to be apportioned to the State on that date under
each of paragraphs (1) and (2) of section 104(b) until the
State certifies to the Secretary the means by which the State
will use those reserved funds in accordance with subparagraphs
(A) and (B) of paragraph (1) and paragraph (3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under
section 402; and
``(ii) release the reserved funds identified by the
State as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount to be
transferred under paragraph (2) may be derived from the following:
``(A) The apportionment of the State under section
104(b)(l).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
(a) Definitions.--Section 164(a) of title 23, United States Code,
is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
``(A) receive--
``(i) a suspension of all driving privileges for not
less than 1 year; or
``(ii) a suspension of unlimited driving privileges for
1 year, allowing for the reinstatement of limited driving
privileges subject to restrictions and limited exemptions
as established by State law, if an ignition interlock
device is installed for not less than 1 year on each of the
motor vehicles owned or operated, or both, by the
individual;''.
(b) Transfer of Funds.--Section 164(b) of title 23, United States
Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing a repeat intoxicated driver law, the Secretary shall
reserve an amount equal to 2.5 percent of the funds to be
apportioned to the State on that date under each of paragraphs
(1) and (2) of section 104(b) until the State certifies to the
Secretary the means by which the States will use those reserved
funds among the uses authorized under subparagraphs (A) and (B)
of paragraph (1), and paragraph (3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under
section 402; and
``(ii) release the reserved funds identified by the
State as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount to be
transferred under paragraph (2) may be derived from the following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.
(a) Vehicle Weight Limitations.--Section 127(a)(1) of title 23,
United States Code, is amended by striking ``No funds shall be
apportioned in any fiscal year under section 104(b)(1) of this title to
any State which'' and inserting ``The Secretary shall withhold 50
percent of the apportionment of a State under section 104(b)(1) in any
fiscal year in which the State''.
(b) Control of Junkyards.--Section 136 of title 23, United States
Code, is amended--
(1) in subsection (b), in the first sentence--
(A) by striking ``10 per centum'' and inserting ``7
percent''; and
(B) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''; and
(2) by adding at the end the following:
``(n) Definitions.--For purposes of this section, the terms
`primary system' and `Federal-aid primary system' mean any highway that
is on the National Highway System, which includes the Interstate
Highway System.''.
(c) Enforcement of Vehicle Size and Weight Laws.--Section 141(b)(2)
of title 23, United States Code, is amended--
(1) by striking ``10 per centum'' and inserting ``7 percent'';
and
(2) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''.
(d) Proof of Payment of the Heavy Vehicle Use Tax.--Section 141(c)
of title 23, United States Code, is amended--
(1) by striking ``section 104(b)(4)'' each place it appears and
inserting ``section 104(b)(1)''; and
(2) in the first sentence by striking ``25 per centum'' and
inserting ``8 percent''.
(e) Use of Safety Belts.--Section 153(h) of title 23, United States
Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``and before October 1, 2011,'' after
``September 30, 1994,''; and
(4) by inserting after paragraph (1) (as so redesignated) the
following:
``(2) Fiscal year 2012 and thereafter.--If, at any time in a
fiscal year beginning after September 30, 2011, a State does not
have in effect a law described in subsection (a)(2), the Secretary
shall transfer an amount equal to 2 percent of the funds
apportioned to the State for the succeeding fiscal year under each
of paragraphs (1) through (3) of section 104(b) to the
apportionment of the State under section 402.''.
(f) National Minimum Drinking Age.--Section 158(a)(1) of title 23,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(A) Fiscal years before 2012.--The Secretary''; and
(2) by adding at the end the following:
``(B) Fiscal year 2012 and thereafter.--For fiscal year
2012 and each fiscal year thereafter, the amount to be withheld
under this section shall be an amount equal to 8 percent of the
amount apportioned to the noncompliant State, as described in
subparagraph (A), under paragraphs (1) and (2) of section
104(b).''.
(g) Drug Offenders.--Section 159 of title 23, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1) (as so redesignated) by striking
``(including any amounts withheld under paragraph (1))''; and
(D) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required to be
apportioned to any State under each of paragraphs (1) and (2) of
section 104(b) on the first day of each fiscal year beginning after
September 30, 2011, if the State fails to meet the requirements of
paragraph (3) on the first day of the fiscal year.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Effect of Noncompliance.--No funds withheld under this
section from apportionments to any State shall be available for
apportionment to that State.''.
(h) Zero Tolerance Blood Alcohol Concentration for Minors.--Section
161(a) of title 23, United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``through fiscal year 2011'' after ``each
fiscal year thereafter''; and
(4) by inserting after paragraph (1) (as so redesignated) the
following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required to be
apportioned to any State under each of paragraphs (1) and (2) of
section 104(b) on October 1, 2011, and on October 1 of each fiscal
year thereafter, if the State does not meet the requirement of
paragraph (3) on that date.''.
(i) Operation of Motor Vehicles by Intoxicated Persons.--Section
163(e) of title 23, United States Code, is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) Fiscal years 2007 through 2011.--On October 1, 2006, and
October 1 of each fiscal year thereafter through fiscal year 2011,
if a State has not enacted or is not enforcing a law described in
subsection (a), the Secretary shall withhold an amount equal to 8
percent of the amounts to be apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section 104(b).
``(2) Fiscal year 2012 and thereafter.--On October 1, 2011, and
October 1 of each fiscal year thereafter, if a State has not
enacted or is not enforcing a law described in subsection (a), the
Secretary shall withhold an amount equal to 6 percent of the
amounts to be apportioned to the State on that date under each of
paragraphs (1) and (2) of section 104(b).''.
(j) Commercial Driver's License.--Section 31314 of title 49, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Penalties Imposed in Fiscal Year 2012 and Thereafter.--
Effective beginning on October 1, 2011--
``(1) the penalty for the first instance of noncompliance by a
State under this section shall be not more than an amount equal to
4 percent of funds required to be apportioned to the noncompliant
State under paragraphs (1) and (2) of section 104(b) of title 23;
and
``(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.''.
SEC. 1405. HIGHWAY WORKER SAFETY.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall modify section 630.1108(a) of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from motorized
traffic in all work zones conducted under traffic in areas that
offer workers no means of escape (such as tunnels and bridges),
unless an engineering study determines otherwise;
(2) temporary longitudinal traffic barriers are used to protect
workers on highway construction projects in long-duration
stationary work zones when the project design speed is anticipated
to be high and the nature of the work requires workers to be within
1 lane-width from the edge of a live travel lane, unless--
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and the
annual average daily traffic load of the applicable road is
less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for highway
construction projects, those devices are paid for on a unit-pay
basis, unless doing so would create a conflict with innovative
contracting approaches, such as design-build or some performance-
based contracts under which the contractor is paid to assume a
certain risk allocation and payment is generally made on a lump-sum
basis.
Subtitle E--Miscellaneous
SEC. 1501. REAL-TIME RIDESHARING.
Paragraph (3) of section 101(a) of title 23, United States Code (as
redesignated by section 1103(a)(2)), is amended by striking ``and
designating existing facilities for use for preferential parking for
carpools'' and inserting ``designating existing facilities for use for
preferential parking for carpools, and real-time ridesharing projects,
such as projects where drivers, using an electronic transfer of funds,
recover costs directly associated with the trip provided through the
use of location technology to quantify those direct costs, subject to
the condition that the cost recovered does not exceed the cost of the
trip provided''.
SEC. 1502. PROGRAM EFFICIENCIES.
The first sentence of section 102(b) of title 23, United States
Code, is amended by striking ``made available for such engineering''
and inserting ``reimbursed for the preliminary engineering''.
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by inserting ``recipient'' before
``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking ``Non-interstate'';
(ii) by striking ``but not on the Interstate System'';
and inserting ``, including projects on the Interstate
System''; and
(iii) by striking ``of projects'' and all that follows
through the period at the end and inserting ``with respect
to the projects unless the Secretary determines that the
assumption is not appropriate.''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not assign any
responsibilities to a State for projects the Secretary
determines to be in a high risk category, as defined under
subparagraph (B).
``(B) High risk categories.--The Secretary may define the
high risk categories under this subparagraph on a national
basis, a State-by-State basis, or a national and State-by-State
basis, as determined to be appropriate by the Secretary.'';
(3) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``concept'' and inserting
``planning''; and
(II) by striking ``multidisciplined'' and inserting
``multidisciplinary''; and
(ii) by striking clause (i) and inserting the
following:
``(i) providing the needed functions safely, reliably,
and at the lowest overall lifecycle cost;'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A) by
striking ``or other cost-reduction analysis'';
(ii) in subparagraph (A)--
(I) by striking ``Federal-aid system'' and
inserting ``National Highway System receiving Federal
assistance''; and
(II) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(iii) in subparagraph (B)--
(I) by inserting ``on the National Highway System
receiving Federal assistance'' after ``a bridge
project''; and
(II) by striking ``$20,000,000'' and inserting
``$40,000,000''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Requirements.--
``(A) Value engineering program.--The State shall develop
and carry out a value engineering program that--
``(i) establishes and documents value engineering
program policies and procedures;
``(ii) ensures that the required value engineering
analysis is conducted before completing the final design of
a project;
``(iii) ensures that the value engineering analysis
that is conducted, and the recommendations developed and
implemented for each project, are documented in a final
value engineering report; and
``(iv) monitors, evaluates, and annually submits to the
Secretary a report that describes the results of the value
analyses that are conducted and the recommendations
implemented for each of the projects described in paragraph
(2) that are completed in the State.
``(B) Bridge projects.--The value engineering analysis for
a bridge project under paragraph (2) shall--
``(i) include bridge superstructure and substructure
requirements based on construction material; and
``(ii) be evaluated by the State--
``(I) on engineering and economic bases, taking
into consideration acceptable designs for bridges; and
``(II) using an analysis of lifecycle costs and
duration of project construction.
``(5) Design-build projects.--A requirement to provide a value
engineering analysis under this subsection shall not apply to a
project delivered using the design-build method of construction.'';
(4) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``, including a
phasing plan when applicable'' after ``financial plan''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates of the cost to
complete the project;
``(B) shall provide for the annual submission of updates to
the Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost to
complete the project;
``(C) may include a phasing plan that identifies fundable
incremental improvements or phases that will address the
purpose and the need of the project in the short term in the
event there are insufficient financial resources to complete
the entire project. If a phasing plan is adopted for a project
pursuant to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in the statewide and
metropolitan planning requirements in sections 134 and 135; and
``(D) shall assess the appropriateness of a public-private
partnership to deliver the project.''; and
(5) by adding at the end the following:
``(j) Use of Advanced Modeling Technologies.--
``(1) Definition of advanced modeling technology.--In this
subsection, the term `advanced modeling technology' means an
available or developing technology, including 3-dimensional digital
modeling, that can--
``(A) accelerate and improve the environmental review
process;
``(B) increase effective public participation;
``(C) enhance the detail and accuracy of project designs;
``(D) increase safety;
``(E) accelerate construction, and reduce construction
costs; or
``(F) otherwise expedite project delivery with respect to
transportation projects that receive Federal funding.
``(2) Program.--With respect to transportation projects that
receive Federal funding, the Secretary shall encourage the use of
advanced modeling technologies during environmental, planning,
financial management, design, simulation, and construction
processes of the projects.
``(3) Activities.--In carrying out paragraph (2), the Secretary
shall--
``(A) compile information relating to advanced modeling
technologies, including industry best practices with respect to
the use of the technologies;
``(B) disseminate to States information relating to
advanced modeling technologies, including industry best
practices with respect to the use of the technologies; and
``(C) promote the use of advanced modeling technologies.
``(4) Comprehensive plan.--The Secretary shall develop and
publish on the public website of the Department of Transportation a
detailed and comprehensive plan for the implementation of paragraph
(2).''.
(b) Review of Oversight Program.--
(1) In general.--The Secretary shall review the oversight
program established under section 106(g) of title 23, United States
Code, to determine the efficacy of the program in monitoring the
effective and efficient use of funds authorized to carry out title
23, United States Code.
(2) Minimum requirements for review.--At a minimum, the review
under paragraph (1) shall assess the capability of the program to--
(A) identify projects funded under title 23, United States
Code, for which there are cost or schedule overruns; and
(B) evaluate the extent of such overruns.
(3) Report to congress.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report on the results of the review conducted under
paragraph (1), which shall include recommendations for legislative
changes to improve the oversight program established under section
106(g) of title 23, United States Code.
(c) Transparency and Accountability.--
(1) Data collection.--The Secretary shall compile and make
available on the public website of the Department of Transportation
the annual expenditure data for funds made available under title 23
and chapter 53 of title 49, United States Code.
(2) Requirements.--In carrying out paragraph (1), the Secretary
shall ensure that the data made available on the public website of
the Department of Transportation--
(A) is organized by project and State;
(B) to the maximum extent practicable, is updated regularly
to reflect the current status of obligations, expenditures, and
Federal-aid projects; and
(C) can be searched and downloaded by users of the website.
(3) Report to congress.--The Secretary shall annually submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
and the Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing a summary of the data described in
paragraph (1) for the 1-year period ending on the date on which the
report is submitted.
SEC. 1504. STANDARDS.
Section 109 of title 23, United States Code, is amended by adding
at the end the following:
``(r) Pavement Markings.--The Secretary shall not approve any
pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead, as
determined in accordance with Environmental Protection Agency testing
methods 3052, 6010B, or 6010C.''.
SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE
SYSTEM.
Section 111 of title 23, United States Code, is amended by adding
at the end the following:
``(e) Justification Reports.--If the Secretary requests or requires
a justification report for a project that would add a point of access
to, or exit from, the Interstate System, the Secretary may permit a
State transportation department to approve the report.''.
SEC. 1506. CONSTRUCTION.
Section 114(b) of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitation on convict labor.--Convict labor shall not be
used in construction of Federal-aid highways or portions of
Federal-aid highways unless the labor is performed by convicts who
are on parole, supervised release, or probation.''; and
(B) in paragraph (3) by inserting ``in existence during
that period'' after ``located on a Federal-aid system''; and
(2) by adding at the end the following:
``(d) Veterans Employment.---
``(1) In general.--Subject to paragraph (2), a recipient of
Federal financial assistance under this chapter shall, to the
extent practicable, encourage contractors working on a highway
project funded using the assistance to make a best faith effort in
the hiring or referral of laborers on any project for the
construction of a highway to veterans (as defined in section 2108
of title 5) who have the requisite skills and abilities to perform
the construction work required under the contract.
``(2) Administration.--This subsection shall not--
``(A) apply to projects subject to section 140(d); or
``(B) be administered or enforced in any manner that would
require an employer to give a preference to any veteran over
any equally qualified applicant who is a member of any racial
or ethnic minority, a female, or any equally qualified former
employee.''.
SEC. 1507. MAINTENANCE.
Section 116 of title 23, United States Code, is amended--
(1) by redesignating subsections (a) through (d) as subsections
(b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated) the
following:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Preventive maintenance.--The term `preventive
maintenance' includes pavement preservation programs and
activities.
``(2) Pavement preservation programs and activities.--The term
`pavement preservation programs and activities' means programs and
activities employing a network level, long-term strategy that
enhances pavement performance by using an integrated, cost-
effective set of practices that extend pavement life, improve
safety, and meet road user expectations.'';
(3) in subsection (b) (as so redesignated)--
(A) in the first sentence, by inserting ``or other direct
recipient'' before ``to maintain''; and
(B) by striking the second sentence;
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
``(c) Agreement.--In any State in which the State transportation
department or other direct recipient is without legal authority to
maintain a project described in subsection (b), the transportation
department or direct recipient shall enter into a formal agreement with
the appropriate officials of the county or municipality in which the
project is located to provide for the maintenance of the project.'';
and
(5) in the first sentence of subsection (d) (as so
redesignated) by inserting ``or other direct recipient'' after
``State transportation department''.
SEC. 1508. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c)(1)--
(A) by inserting ``maintaining minimum levels of
retroreflectivity of highway signs or pavement markings,''
after ``traffic control signalization,'';
(B) by inserting ``shoulder and centerline rumble strips
and stripes,'' after ``pavement marking,''; and
(C) by striking ``Federal-aid systems'' and inserting
``Federal-aid programs'';
(2) by striking subsection (e) and inserting the following:
``(e) Emergency Relief.--The Federal share payable for any repair
or reconstruction provided for by funds made available under section
125 for any project on a Federal-aid highway, including the Interstate
System, shall not exceed the Federal share payable on a project on the
system as provided in subsections (a) and (b), except that--
``(1) the Federal share payable for eligible emergency repairs
to minimize damage, protect facilities, or restore essential
traffic accomplished within 180 days after the actual occurrence of
the natural disaster or catastrophic failure may amount to 100
percent of the cost of the repairs;
``(2) the Federal share payable for any repair or
reconstruction of Federal land transportation facilities, Federal
land access transportation facilities, and tribal transportation
facilities may amount to 100 percent of the cost of the repair or
reconstruction;
``(3) the Secretary shall extend the time period in paragraph
(1) taking into consideration any delay in the ability of the State
to access damaged facilities to evaluate damage and the cost of
repair; and
``(4) the Federal share payable for eligible permanent repairs
to restore damaged facilities to predisaster condition may amount
to 90 percent of the cost of the repairs if the eligible expenses
incurred by the State due to natural disasters or catastrophic
failures in a Federal fiscal year exceeds the annual apportionment
of the State under section 104 for the fiscal year in which the
disasters or failures occurred.'';
(3) by striking subsection (g) and redesignating subsections
(h) through (l) as subsections (g) through (k), respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph (3))
by striking ``and the Appalachian development highway system
program under section 14501 of title 40''; and
(5) by striking subsections (j) and (k) (as redesignated by
paragraph (3)) and inserting the following:
``(j) Use of Federal Agency Funds.--Notwithstanding any other
provision of law, any Federal funds other than those made available
under this title and title 49 may be used to pay the non-Federal share
of the cost of any transportation project that is within, adjacent to,
or provides access to Federal land, the Federal share of which is
funded under this title or chapter 53 of title 49.
``(k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds authorized to be
appropriated to carry out the tribal transportation program under
section 202 and the Federal lands transportation program under section
203 may be used to pay the non-Federal share of the cost of any project
that is funded under this title or chapter 53 of title 49 and that
provides access to or within Federal or tribal land.''.
SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Section 126 of title 23, United States Code, is
amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
``(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an apportionment
under section 104(b) not to exceed 50 percent of the amount apportioned
for the fiscal year to any other apportionment of the State under that
section.
``(b) Application to Certain Set-asides.--
``(1) In general.--Funds that are subject to sections 104(d)
and 133(d) shall not be transferred under this section.
``(2) Funds transferred by states.--Funds transferred by a
State under this section of the funding reserved for the State
under section 213 for a fiscal year may only come from the portion
of those funds that are available for obligation in any area of the
State under section 213(c)(1)(B).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
126 and inserting the following:
``126. Transferability of Federal-aid highway funds.''.
SEC. 1510. IDLE REDUCTION TECHNOLOGY.
Section 127(a)(12) of title 23, United States Code, is amended--
(1) in subparagraph (B), by striking ``400'' and inserting
``550''; and
(2) in subparagraph (C)(ii), by striking ``400-pound'' and
inserting ``550-pound''.
SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
``(i) Special Permits During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of this
section, a State may issue special permits during an emergency to
overweight vehicles and loads that can easily be dismantled or
divided if--
``(A) the President has declared the emergency to be a
major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(B) the permits are issued in accordance with State law;
and
``(C) the permits are issued exclusively to vehicles and
loads that are delivering relief supplies.
``(2) Expiration.--A permit issued under paragraph (1) shall
expire not later than 120 days after the date of the declaration of
emergency under subparagraph (A) of that paragraph.''.
SEC. 1512. TOLLING.
(a) Amendment to Tolling Provision.--Section 129(a) of title 23,
United States Code, is amended to read as follows:
``(a) Basic Program.--
``(1) Authorization for federal participation.--Subject to the
provisions of this section, Federal participation shall be
permitted on the same basis and in the same manner as construction
of toll-free highways is permitted under this chapter in the--
``(A) initial construction of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
``(B) initial construction of 1 or more lanes or other
improvements that increase capacity of a highway, bridge, or
tunnel (other than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel to a tolled
facility, if the number of toll-free lanes, excluding auxiliary
lanes, after the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes, before the
construction;
``(C) initial construction of 1 or more lanes or other
improvements that increase the capacity of a highway, bridge,
or tunnel on the Interstate System and conversion of that
highway, bridge, or tunnel to a tolled facility, if the number
of toll-free non-HOV lanes, excluding auxiliary lanes, after
such construction is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before such construction;
``(D) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
``(E) reconstruction or replacement of a toll-free bridge
or tunnel and conversion of the bridge or tunnel to a toll
facility;
``(F) reconstruction of a toll-free Federal-aid highway
(other than a highway on the Interstate System) and conversion
of the highway to a toll facility;
``(G) reconstruction, restoration, or rehabilitation of a
highway on the Interstate System if the number of toll-free
non-HOV lanes, excluding auxiliary lanes, after reconstruction,
restoration, or rehabilitation is not less than the number of
toll-free non-HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
``(H) conversion of a high occupancy vehicle lane on a
highway, bridge, or tunnel to a toll facility; and
``(I) preliminary studies to determine the feasibility of a
toll facility for which Federal participation is authorized
under this paragraph.
``(2) Ownership.--Each highway, bridge, tunnel, or approach to
the highway, bridge, or tunnel constructed under this subsection
shall--
``(A) be publicly owned; or
``(B) be privately owned if the public authority with
jurisdiction over the highway, bridge, tunnel, or approach has
entered into a contract with 1 or more private persons to
design, finance, construct, and operate the facility and the
public authority will be responsible for complying with all
applicable requirements of this title with respect to the
facility.
``(3) Limitations on use of revenues.--
``(A) In general.--A public authority with jurisdiction
over a toll facility shall use all toll revenues received from
operation of the toll facility only for--
``(i) debt service with respect to the projects on or
for which the tolls are authorized, including funding of
reasonable reserves and debt service on refinancing;
``(ii) a reasonable return on investment of any private
person financing the project, as determined by the State or
interstate compact of States concerned;
``(iii) any costs necessary for the improvement and
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation;
``(iv) if the toll facility is subject to a public-
private partnership agreement, payments that the party
holding the right to toll revenues owes to the other party
under the public-private partnership agreement; and
``(v) if the public authority certifies annually that
the tolled facility is being adequately maintained, any
other purpose for which Federal funds may be obligated by a
State under this title.
``(B) Annual audit.--
``(i) In general.--A public authority with jurisdiction
over a toll facility shall conduct or have an independent
auditor conduct an annual audit of toll facility records to
verify adequate maintenance and compliance with
subparagraph (A), and report the results of the audits to
the Secretary.
``(ii) Records.--On reasonable notice, the public
authority shall make all records of the public authority
pertaining to the toll facility available for audit by the
Secretary.
``(C) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the limitations on the
use of revenues described in subparagraph (A), the Secretary
may require the public authority to discontinue collecting
tolls until an agreement with the Secretary is reached to
achieve compliance with the limitation on the use of revenues
described in subparagraph (A).
``(4) Limitations on conversion of high occupancy vehicle
facilities on interstate system.--
``(A) In general.--A public authority with jurisdiction
over a high occupancy vehicle facility on the Interstate System
may undertake reconstruction, restoration, or rehabilitation
under paragraph (1)(G) on the facility, and may levy tolls on
vehicles, excluding high occupancy vehicles, using the
reconstructed, restored, or rehabilitated facility, if the
public authority--
``(i) in the case of a high occupancy vehicle facility
that affects a metropolitan area, submits to the Secretary
a written assurance that the metropolitan planning
organization designated under section 5203 of title 49 for
the area has been consulted concerning the placement and
amount of tolls on the converted facility;
``(ii) develops, manages, and maintains a system that
will automatically collect the toll; and
``(iii) establishes policies and procedures--
``(I) to manage the demand to use the facility by
varying the toll amount that is charged; and
``(II) to enforce sanctions for violations of use
of the facility.
``(B) Exemption from tolls.--In levying tolls on a facility
under subparagraph (A), a public authority may designate
classes of vehicles that are exempt from the tolls or charge
different toll rates for different classes of vehicles.
``(5) Special rule for funding.--
``(A) In general.--In the case of a toll facility under the
jurisdiction of a public authority of a State (other than the
State transportation department), on request of the State
transportation department and subject to such terms and
conditions as the department and public authority may agree,
the Secretary, working through the State department of
transportation, shall reimburse the public authority for the
Federal share of the costs of construction of the project
carried out on the toll facility under this subsection in the
same manner and to the same extent as the department would be
reimbursed if the project was being carried out by the
department.
``(B) Source.--The reimbursement of funds under this
paragraph shall be from sums apportioned to the State under
this chapter and available for obligations on projects on the
Federal-aid system in the State on which the project is being
carried out.
``(6) Limitation on federal share.--The Federal share payable
for a project described in paragraph (1) shall be a percentage
determined by the State, but not to exceed 80 percent.
``(7) Modifications.--If a public authority (including a State
transportation department) with jurisdiction over a toll facility
subject to an agreement under this section or section 119(e), as in
effect on the day before the effective date of title I of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1915), requests modification of the agreement, the Secretary shall
modify the agreement to allow the continuation of tolls in
accordance with paragraph (3) without repayment of Federal funds.
``(8) Loans.--
``(A) In general.--
``(i) Loans.--Using amounts made available under this
title, a State may loan to a public or private entity
constructing or proposing to construct under this section a
toll facility or non-toll facility with a dedicated revenue
source an amount equal to all or part of the Federal share
of the cost of the project if the project has a revenue
source specifically dedicated to the project.
``(ii) Dedicated revenue sources.--Dedicated revenue
sources for non-toll facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on real property, tax
increment financing, and such other dedicated revenue
sources as the Secretary determines appropriate.
``(B) Compliance with federal laws.--As a condition of
receiving a loan under this paragraph, the public or private
entity that receives the loan shall ensure that the project
will be carried out in accordance with this title and any other
applicable Federal law, including any applicable provision of a
Federal environmental law.
``(C) Subordination of debt.--The amount of any loan
received for a project under this paragraph may be subordinated
to any other debt financing for the project.
``(D) Obligation of funds loaned.--Funds loaned under this
paragraph may only be obligated for projects under this
paragraph.
``(E) Repayment.--The repayment of a loan made under this
paragraph shall commence not later than 5 years after date on
which the facility that is the subject of the loan is open to
traffic.
``(F) Term of loan.--The term of a loan made under this
paragraph shall not exceed 30 years from the date on which the
loan funds are obligated.
``(G) Interest.--A loan made under this paragraph shall
bear interest at or below market interest rates, as determined
by the State, to make the project that is the subject of the
loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State from a
loan made under this paragraph may be obligated--
``(i) for any purpose for which the loan funds were
available under this title; and
``(ii) for the purchase of insurance or for use as a
capital reserve for other forms of credit enhancement for
project debt in order to improve credit market access or to
lower interest rates for projects eligible for assistance
under this title.
``(I) Guidelines.--The Secretary shall establish procedures
and guidelines for making loans under this paragraph.
``(9) State law permitting tolling.--If a State does not have a
highway, bridge, or tunnel toll facility as of the date of
enactment of the MAP-21, before commencing any activity authorized
under this section, the State shall have in effect a law that
permits tolling on a highway, bridge, or tunnel.
``(10) Definitions.--In this subsection, the following
definitions apply:
``(A) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with not fewer than
2 occupants.
``(B) Initial construction.--
``(i) In general.--The term `initial construction'
means the construction of a highway, bridge, tunnel, or
other facility at any time before it is open to traffic.
``(ii) Exclusions.--The term `initial construction'
does not include any improvement to a highway, bridge,
tunnel, or other facility after it is open to traffic.
``(C) Public authority.--The term `public authority' means
a State, interstate compact of States, or public entity
designated by a State.
``(D) Toll facility.--The term `toll facility' means a toll
highway, bridge, or tunnel or approach to the highway, bridge,
or tunnel constructed under this subsection.''.
(b) Electronic Toll Collection Interoperability Requirements.--Not
later than 4 years after the date of enactment of this Act, all toll
facilities on the Federal-aid highways shall implement technologies or
business practices that provide for the interoperability of electronic
toll collection programs.
SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.
(a) Fringe and Corridor Parking Facilities.--Section 137 of title
23, United States Code, is amended--
(1) in subsection (f)(1)--
(A) by striking ``104(b)(4)'' and inserting ``104(b)(1)'';
and
(B) by inserting ``including the addition of electric
vehicle charging stations or natural gas vehicle refueling
stations,'' after ``new facilities,''; and
(2) by adding at the end the following:
``(g) Funding.--The addition of electric vehicle charging stations
or natural gas vehicle refueling stations to new or previously funded
parking facilities shall be eligible for funding under this section.''.
(b) Public Transportation.--Section 142(a)(1) of title 23, United
States Code, is amended by inserting ``, which may include electric
vehicle charging stations or natural gas vehicle refueling stations,''
after ``parking facilities''.
(c) Forest Development Roads and Trails.--Section 205(d) of title
23, United States Code, is amended by inserting ``, which may include
electric vehicle charging stations or natural gas vehicle refueling
stations,'' after ``parking areas''.
SEC. 1514. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A) by striking ``2009'' and inserting
``2017'';
(B) in subparagraph (B) by striking ``2009'' and inserting
``2017''; and
(C) in subparagraph (C)--
(i) by striking ``subparagraph (B)'' and inserting
``this paragraph''; and
(ii) by inserting ``or equal to'' after ``less than'';
(2) in subsection (c) by striking paragraph (3) and inserting
the following:
``(3) Toll revenue.--Toll revenue collected under this section
is subject to the requirements of section 129(a)(3).''; and
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``in a fiscal year shall certify'' and
inserting ``shall submit to the Secretary a report
demonstrating that the facility is not already degraded,
and that the presence of the vehicles will not cause the
facility to become degraded, and certify''; and
(ii) by striking ``in the fiscal year'';
(B) in subparagraph (A) by inserting ``and submitting to
the Secretary annual reports of those impacts'' after
``adjacent highways'';
(C) in subparagraph (C) by striking ``if the presence of
the vehicles has degraded the operation of the facility'' and
inserting ``whenever the operation of the facility is
degraded''; and
(D) by adding at the end the following:
``(D) Maintenance of operating performance.--Not later than
180 days after the date on which a facility is degraded
pursuant to the standard specified in paragraph (2), the State
agency with jurisdiction over the facility shall bring the
facility into compliance with the minimum average operating
speed performance standard through changes to operation of the
facility, including--
``(i) increasing the occupancy requirement for HOV
lanes;
``(ii) varying the toll charged to vehicles allowed
under subsection (b) to reduce demand;
``(iii) discontinuing allowing non-HOV vehicles to use
HOV lanes under subsection (b); or
``(iv) increasing the available capacity of the HOV
facility.
``(E) Compliance.--If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary shall
subject the State to appropriate program sanctions under
section 1.36 of title 23, Code of Federal Regulations (or
successor regulations), until the performance is no longer
degraded.''.
SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1311(a)), is amended by adding at the end the
following:
``Sec. 170. Funding flexibility for transportation emergencies
``(a) In General.--Notwithstanding any other provision of law, a
State may use up to 100 percent of any covered funds of the State to
repair or replace a transportation facility that has suffered serious
damage as a result of a natural disaster or catastrophic failure from
an external cause.
``(b) Declaration of Emergency.--Funds may be used under this
section only for a disaster or emergency declared by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(c) Repayment.--Funds used under subsection (a) shall be repaid
to the program from which the funds were taken in the event that such
repairs or replacement are subsequently covered by a supplemental
appropriation of funds.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Covered funds.--The term `covered funds' means any
amounts apportioned to a State under section 104(b), other than
amounts suballocated to metropolitan areas and other areas of the
State under section 133(d), but including any such amounts required
to be set aside for a purpose other than the repair or replacement
of a transportation facility under this section.
``(2) Transportation facility.--The term `transportation
facility' means any facility eligible for assistance under section
125.''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1311(b)), is
amended by adding at the end the following:
``170. Funding flexibility for transportation emergencies.''.
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN THE VICINITY OF MILITARY
INSTALLATIONS.
The second sentence of section 210(a)(2) of title 23, United States
Code, is amended by inserting ``, in consultation with the Secretary of
Transportation,'' before ``shall determine''.
SEC. 1517. MAPPING.
(a) In General.--Section 306 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``may'' and inserting
``shall'';
(2) in subsection (b) in the second sentence by striking
``State and'' and inserting ``State government and''; and
(3) by adding at the end the following:
``(c) Implementation.--The Secretary shall develop a process for
the oversight and monitoring, on an annual basis, of the compliance of
each State with the guidance issued under subsection (b).''.
(b) Survey.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall conduct a survey of all States to
determine what percentage of projects carried out under title 23,
United States Code, in each State utilize private sector sources for
surveying and mapping services.
SEC. 1518. BUY AMERICA PROVISIONS.
Section 313 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Application to Highway Programs.--The requirements under this
section shall apply to all contracts eligible for assistance under this
chapter for a project carried out within the scope of the applicable
finding, determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding
source of such contracts, if at least 1 contract for the project is
funded with amounts made available to carry out this title.''.
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--From administrative funds made
available under section 104(a) of title 23, United States Code, not
less than $3,000,000 for each of fiscal years 2013 and 2014 shall be
made available--
(1) to carry out safety-related activities, including--
(A) to carry out the operation lifesaver program--
(i) to provide public information and education
programs to help prevent and reduce motor vehicle
accidents, injuries, and fatalities; and
(ii) to improve driver performance at railway-highway
crossings; and
(B) to provide work zone safety grants in accordance with
subsections (a) and (b) of section 1409 of the SAFETEA-LU (23
U.S.C. 401 note; 119 Stat. 1232); and
(2) to operate authorized safety-related clearinghouses,
including--
(A) the national work zone safety information clearinghouse
authorized by section 358(b)(2) of the National Highway System
Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625);
and
(B) a public road safety clearinghouse in accordance with
section 1411(a) of the SAFETEA-LU (23 U.S.C. 402 note; 119
Stat. 1234).
(b) Repeals.--
(1) Title 23.--
(A) In general.--Sections 105, 110, 117, 124, 151, 155,
157, 160, 212, 216, 303, and 309 of title 23, United States
Code, are repealed.
(B) Set asides.--Section 118 of title 23, United States
Code, is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803, 1804, 1907,
and 1958 of SAFETEA-LU (Public Law 109-59) are repealed.
(3) Additional.--Section 1132 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 121 Stat. 1763) is
repealed.
(c) Conforming Amendments.--
(1) Title analysis.--
(A) Chapter 1.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the items relating
to sections 105, 110, 117, 124, 151, 155, 157, and 160.
(B) Chapter 2.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the items relating
to sections 212 and 216.
(C) Chapter 3.--The analysis for chapter 3 of title 23,
United States Code, is amended by striking the items relating
to sections 303 and 309.
(2) Table of contents.--The table of contents contained in
section 1(b) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144) is
amended by striking the items relating to sections 1302, 1305,
1306, 1803, 1804, 1907, and 1958.
(3) Section 104.--Section 104(e) of title 23, United States
Code, is amended by striking ``, 105,''.
(4) Section 109.--Section 109(q) of title 23, United States
Code, is amended by striking ``in accordance with section 303 or''.
(5) Section 118.--Section 118(b) of title 23, United States
Code, is amended--
(A) by striking paragraph (1) and all that follows through
the heading of paragraph (2); and
(B) by striking ``(other than for Interstate
construction)''.
(6) Section 130.--Section 130 of title 23, United States Code,
is amended--
(A) in subsection (e) by striking ``section 104(b)(5)'' and
inserting ``section 104(b)(3)'';
(B) in subsection (f)(1) by inserting ``as in effect on the
day before the date of enactment of the MAP-21'' after
``section 104(b)(3)(A)''; and
(C) in subsection (l) by striking paragraphs (3) and (4).
(7) Section 131.--Section 131(m) of title 23, United States
Code, is amended by striking ``Subject to approval by the Secretary
in accordance with the program of projects approval process of
section 105, a State'' and inserting ``A State''.
(8) Section 133.--Paragraph (13) of section 133(b) of title 23,
United States Code (as amended by section 1108(a)(3)), is amended
by striking ``under section 303.''
(9) Section 142.--Section 142 of title 23, United States Code,
is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor vehicles (other than
rail)'' and inserting ``buses'';
(II) by striking ``(hereafter in this section
referred to as `buses')'';
(III) by striking ``Federal-aid systems'' and
inserting ``Federal-aid highways''; and
(IV) by striking ``Federal-aid system'' and
inserting ``Federal-aid highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a project on the the surface
transportation program for''; and
(II) by striking ``section 104(b)(3)'' and
inserting ``section 104(b)(2)'';
(B) in subsection (b) by striking ``104(b)(4)'' and
inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each place it appears and
inserting ``highway''; and
(ii) by striking ``highway facilities'' and inserting
``highways eligible under the program that is the source of
the funds'';
(D) in subsection (e)(2) by striking ``Notwithstanding
section 209(f)(1) of the Highway Revenue Act of 1956, the
Highway Trust Fund shall be available for making expenditures
to meet obligations resulting from projects authorized by
subsection (a)(2) of this section and such projects'' and
inserting ``Projects authorized by subsection (a)(2)''; and
(E) in subsection (f) by striking ``exits'' and inserting
``exists''.
(10) Section 145.--Section 145(b) of title 23, United States
Code, is amended by striking ``section 117 of this title,''.
(11) Section 218.--Section 218 of title 23, United States Code,
is amended--
(A) in subsection (a)--
(i) by striking the first two sentences;
(ii) in the third sentence--
(I) by striking ``, in addition to such funds,'';
and
(II) by striking ``such highway or'';
(iii) by striking the fourth sentence and fifth
sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(12) Section 610.--Section 610(d)(1)(B) of title 23, United
States Code, is amended by striking ``under section 105''.
SEC. 1520. DENALI COMMISSION.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is
amended--
(1) in section 305, by striking subsection (c) and inserting
the following:
``(c) Gifts.--
``(1) In general.--Except as provided in paragraph (2), the
Commission, on behalf of the United States, may accept use, and
dispose of gifts or donations of services, property, or money for
purposes of carrying out this Act.
``(2) Conditional.--With respect to conditional gifts--
``(A)(i) the Commission, on behalf of the United States,
may accept conditional gifts for purposes of carrying out this
Act, if approved by the Federal Cochairperson; and
``(ii) the principal of and income from any such
conditional gift shall be held, invested, reinvested, and used
in accordance with the condition applicable to the gift; but
``(B) no gift shall be accepted that is conditioned on any
expenditure not to be funded from the gift or from the income
generated by the gift unless the expenditure has been approved
by Act of Congress.''; and
(2) by adding at the end the following:
``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
``(a) In General.--Subject to subsection (c), for purposes of this
Act, the Commission may accept transfers of funds from other Federal
agencies.
``(b) Transfers.--Any Federal agency authorized to carry out an
activity that is within the authority of the Commission may transfer to
the Commission any appropriated funds for the activity.
``(c) Treatment.--Any funds transferred to the Commission under
this subsection--
``(1) shall remain available until expended; and
``(2) may, to the extent necessary to carry out this Act, be
transferred to, and merged with, the amounts made available by
appropriations Acts for the Commission by the Federal
Cochairperson.''.
SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICIES ACT OF 1970 AMENDMENTS.
(a) Moving and Related Expenses.--Section 202 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4622) is amended--
(1) in subsection (a)(4) by striking ``$10,000'' and inserting
``$25,000, as adjusted by regulation, in accordance with section
213(d)''; and
(2) in the second sentence of subsection (c) by striking
``$20,000'' and inserting ``$40,000, as adjusted by regulation, in
accordance with section 213(d)''.
(b) Replacement Housing for Homeowners.--The first sentence of
section 203(a)(1) of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is
amended--
(1) by striking ``$22,500'' and inserting ``$31,000, as
adjusted by regulation, in accordance with 213(d),''; and
(2) by striking ``one hundred and eighty days prior to'' and
inserting ``90 days before''.
(c) Replacement Housing for Tenants and Certain Others.--Section
204 of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4624) is amended--
(1) in the second sentence of subsection (a) by striking
``$5,250'' and inserting ``$7,200, as adjusted by regulation, in
accordance with section 213(d)''; and
(2) in the second sentence of subsection (b) by striking ``,
except'' and all that follows through the end of the subsection and
inserting a period.
(d) Duties of Lead Agency.--Section 213 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4633) is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) that each Federal agency that has programs or projects
requiring the acquisition of real property or causing a
displacement from real property subject to the provisions of this
Act shall provide to the lead agency an annual summary report the
describes the activities conducted by the Federal agency.''; and
(2) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency may
adjust, by regulation, the amounts of relocation payments provided
under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the
lead agency determines that cost of living, inflation, or other factors
indicate that the payments should be adjusted to meet the policy
objectives of this Act.''.
(e) Agency Coordination.--Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 is
amended by inserting after section 213 (42 U.S.C. 4633) the following:
``SEC. 214. AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for funding
or carrying out relocation and acquisition activities shall have
adequately trained personnel and such other resources as are necessary
to manage and oversee the relocation and acquisition program of the
Federal agency in accordance with this Act.
``(b) Interagency Agreements.--Not later than 1 year after the date
of enactment of this section, each Federal agency responsible for
funding relocation and acquisition activities (other than the agency
serving as the lead agency) shall enter into a memorandum of
understanding with the lead agency that--
``(1) provides for periodic training of the personnel of the
Federal agency, which in the case of a Federal agency that provides
Federal financial assistance, may include personnel of any
displacing agency that receives Federal financial assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with the Act on a program or project basis; and
``(3) addresses the funding of the training, assistance, and
coordination activities provided by the lead agency, in accordance
with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year after
the date of enactment of this section, and each fiscal year
thereafter, each Federal agency responsible for funding relocation
and acquisition activities (other than the agency serving as the
lead agency) shall transfer to the lead agency for the fiscal year,
such funds as are necessary, but not less than $35,000, to support
the training, assistance, and coordination activities of the lead
agency described in subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be included as
part of the cost of 1 or more programs or projects undertaken by
the Federal agency or with Federal financial assistance that result
in the displacement of persons or the acquisition of real
property.''.
(f) Cooperation With Federal Agencies.--Section 308 of title 23,
United States Code, is amended by striking subsection (a) and inserting
the following:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract or
otherwise, authorized engineering or other services in connection
with the survey, construction, maintenance, or improvement of
highways for other Federal agencies, cooperating foreign countries,
and State cooperating agencies.
``(2) Inclusions.--Services authorized under paragraph (1) may
include activities authorized under section 214 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970.
``(3) Reimbursement.--Reimbursement for services carried out
under this subsection (including depreciation on engineering and
road-building equipment) shall be credited to the applicable
appropriation.''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
enactment of this Act.
(2) Exception.--The amendments made by subsections (a) through
(c) shall take effect 2 years after the date of enactment of this
Act.
SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE
WEIGHT RESTRICTIONS.
Section 1023(h) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 127 note; Public Law 102-240) is amended--
(1) in the heading of paragraph (1) by striking ``temporary
exemption'' and inserting ``exemption'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``, for the period beginning on October 6, 1992, and ending on
October 1, 2009,'';
(B) in subparagraph (A) by striking ``or'' at the end;
(C) in subparagraph (B) by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(C) any motor home (as defined in section 571.3 of title
49, Code of Federal Regulations (or successor regulation)).'';
and
(3) in paragraph (2)(A) by striking ``For the period beginning
on the date of enactment of this subparagraph and ending on
September 30, 2009, a'' and inserting ``A''.
SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119 Stat.
1459) is amended by striking ``highway bridge replacement and
rehabilitation program under section 144'' and inserting ``national
highway performance program under section 119''.
SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--The Secretary shall encourage the States and
regional transportation planning agencies to enter into contracts and
cooperative agreements with qualified youth service or conservation
corps, as defined in sections 122(a)(2) of Public Law 101-610 (42
U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42 U.S.C.
12656(c)(3)) to perform appropriate projects eligible under sections
162, 206, 213, and 217 of title 23, United States Code, and under
section 1404 of the SAFETEA-LU (119 Stat. 1228).
(b) Requirements.--Under any contract or cooperative agreement
entered into with a qualified youth service or conservation corps under
this section, the Secretary shall--
(1) set the amount of a living allowance or rate of pay for
each participant in such corps at--
(A) such amount or rate as required under State law in a
State with such requirements; or
(B) for corps in States not described in subparagraph (A),
at such amount or rate as determined by the Secretary, not to
exceed the maximum living allowance authorized by section 140
of Public Law 101-610 (42 U.S.C. 12594); and
(2) not subject such corps to the requirements of section 112
of title 23, United States Code.
SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall modify section 635.411 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
ensure that States shall have the autonomy to determine culvert and
storm sewer material types to be included in the construction of a
project on a Federal-aid highway.
SEC. 1526. EVACUATION ROUTES.
Each State shall give adequate consideration to the needs of
evacuation routes in the State, including such routes serving or
adjacent to facilities operated by the Armed Forces, when allocating
funds apportioned to the State under title 23, United States Code, for
the construction of Federal-aid highways.
SEC. 1527. CONSOLIDATION OF GRANTS.
(a) Definitions.--In this section, the term ``recipient'' means--
(1) a State, local, or tribal government, including--
(A) a territory of the United States;
(B) a transit agency;
(C) a port authority;
(D) a metropolitan planning organization; or
(E) any other political subdivision of a State or local
government;
(2) a multistate or multijurisdictional group, if each member
of the group is an entity described in paragraph (1); and
(3) a public-private partnership, if both parties are engaged
in building the project.
(b) Consolidation.--
(1) In general.--A recipient that receives multiple grant
awards from the Department to support 1 multimodal project may
request that the Secretary designate 1 modal administration in the
Department to be the lead administering authority for the overall
project.
(2) New starts.--Any project that includes funds awarded under
section 5309 of title 49, United States Code, shall be exempt from
consolidation under this section unless the grant recipient
requests the Federal Transit Administration to be the lead
administering authority.
(3) Review.--
(A) In general.--Not later than 30 days after the date on
which a request under paragraph (1) is made, the Secretary
shall review the request and approve or deny the designation of
a single modal administration as the lead administering
authority and point of contact for the Department.
(B) Notification.--
(i) In general.--The Secretary shall notify the
requestor of the decision of the Secretary under
subparagraph (A) in such form and at such time as the
Secretary and the requestor agree.
(ii) Denial.--If a request is denied, the Secretary
shall provide the requestor with a detailed explanation of
the reasoning of the Secretary with the notification under
clause (i).
(c) Duties.--
(1) In general.--A modal administration designated as a lead
administering authority under this section shall--
(A) be responsible for leading and coordinating the
integrated project management team, which shall consist of all
of the other modal administrations in the Department relating
to the multimodal project; and
(B) to the extent feasible during the first 30 days of
carrying out the multimodal project, identify overlapping or
duplicative regulatory requirements that exist for the project
and propose a single, streamlined approach to meeting all of
the applicable regulatory requirements through the activities
described in subsection (d).
(2) Administration.--
(A) In general.--The Secretary shall transfer all amounts
that have been awarded for the multimodal project to the modal
administration designated as the lead administering authority.
(B) Option.--
(i) In general.--Participation under this section shall
be optional for recipients, and no recipient shall be
required to participate.
(ii) Secretarial duties.--The Secretary is not required
to identify every recipient that may be eligible to
participate under this section.
(d) Cooperation.--
(1) In general.--The Secretary and modal administrations with
relevant jurisdiction over a multimodal project should cooperate on
project review and delivery activities at the earliest practicable
time.
(2) Purposes.--The purposes of the cooperation under paragraph
(1) are--
(A) to avoid delays and duplication of effort later in the
process;
(B) to prevent potential conflicts; and
(C) to ensure that planning and project development
decisions are made in a streamlined manner and consistent with
applicable law.
(e) Applicability.--Nothing in this section shall--
(1) supersede, amend, or modify the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental law; or
(2) affect the responsibility of any Federal officer to comply
with or enforce any law described in paragraph (1).
SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate that the
timely completion of the Appalachian development highway system is a
transportation priority in the national interest.
(b) Modified Federal Share for Projects on ADHS.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code,
with funds made available to a State for fiscal year 2012 or a previous
fiscal year for the Appalachian development highway system program, or
with funds made available for fiscal year 2012 or a previous fiscal
year for a specific project, route, or corridor on that system, shall
be 100 percent.
(c) Federal Share for Other Funds Used on ADHS.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code,
with Federal funds apportioned to a State for a program other than the
Appalachian development highway system program shall be 100 percent.
(d) Completion Plan.--
(1) In general.--Subject to paragraph (2), not later than 1
year after the date of enactment of the MAP-21, each State
represented on the Appalachian Regional Commission shall establish
a plan for the completion of the designated corridors of the
Appalachian development highway system within the State, including
annual performance targets, with a target completion date.
(2) Significant uncompleted miles.--If the percentage of
remaining Appalachian development highway system needs for a State,
according to the latest cost to complete estimate for the
Appalachian development highway system, is greater than 15 percent
of the total cost to complete estimate for the entire Appalachian
development highway system, the State shall not establish a plan
under paragraph (1) that would result in a reduction of obligated
funds for the Appalachian development highway system within the
State for any subsequent fiscal year.
SEC. 1529. ENGINEERING JUDGMENT.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue guidance to State transportation departments
clarifying that the standards, guidance, and options for design and
application of traffic control devices provided in the Manual on
Uniform Traffic Control Devices should not be considered a substitute
for engineering judgment.
SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
To encourage the development of careers in the transportation
field, the Secretary of Education and the Secretary of Labor are
encouraged to use funds for training and employment education
programs--
(1) to develop programs for transportation-related careers and
trades; and
(2) to work with the Secretary to carry out programs developed
under paragraph (1).
SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.
(a) Definition of Covered Grant Award.--In this section, the term
``covered grant award'' means a grant award--
(1) made--
(A) by the Department; and
(B) with funds made available under this Act; and
(2) in an amount equal to or greater than $500,000.
(b) Notice.--Except to the extent otherwise expressly provided in
another provision of law, at least 3 business days before a covered
grant award is announced, the Secretary shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate written
notice of the covered grant award.
SEC. 1532. BUDGET JUSTIFICATION.
The Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a budget justification for
each agency of the Department concurrently with the annual budget
submission of the President to Congress under section 1105(a) of title
31, United States Code.
SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Definition of Automated Traffic Enforcement System.--In this
section, the term ``automated traffic enforcement system'' means any
camera that captures an image of a vehicle for the purposes of traffic
law enforcement.
(b) Use of Funds.--Except as provided in subsection (c), for fiscal
years 2013 and 2014, funds apportioned to a State under section
104(b)(3) of title 23, United States Code, may not be used for any
program to purchase, operate, or maintain an automated traffic
enforcement system.
(c) Exception.--Subsection (b) shall not apply to automated traffic
enforcement systems used to improve safety in school zones.
SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.
(a) Best Practices.--The Secretary shall compile, and make
available to the public on the website of the Department, best
practices on how States, public transportation agencies, and other
public officials can work with the private sector in the development,
financing, construction, and operation of transportation facilities.
(b) Contents.--The best practices compiled under subsection (a)
shall include polices and techniques to ensure that the interests of
the traveling public and State and local governments are protected in
any agreement entered into with the private sector for the development,
financing, construction, and operation of transportation facilities.
(c) Technical Assistance.--The Secretary, on request, may provide
technical assistance to States, public transportation agencies, and
other public officials regarding proposed public-private partnership
agreements for the development, financing, construction, and operation
of transportation facilities, including assistance in analyzing whether
the use of a public-private partnership agreement would provide value
compared with traditional public delivery methods.
(d) Standard Transaction Contracts.--
(1) Development.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop standard public-
private partnership transaction model contracts for the most
popular types of public-private partnerships for the development,
financing, construction, and operation of transportation
facilities.
(2) Use.--The Secretary shall encourage States, public
transportation agencies, and other public officials to use the
model contracts as a base template when developing their own
public-private partnership agreements for the development,
financing, construction, and operation of transportation
facilities.
SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing the activities funded from
the Highway Trust Fund during each of fiscal years 2009 through 2011,
including for purposes other than construction and maintenance of
highways and bridges.
(b) Updates.--Not later than 5 years after the date on which the
report is submitted under subsection (a) and every 5 years thereafter,
the Comptroller General of the United States shall submit to Congress a
report that updates the information provided in the report under that
subsection for the applicable 5-year period.
(c) Inclusions.--A report submitted under subsection (a) or (b)
shall include information similar to the information included in the
report of the Government Accountability Office numbered ``GAO-09-729R''
and entitled ``Highway Trust Fund Expenditures on Purposes Other Than
Construction and Maintenance of Highways and Bridges During Fiscal
Years 2004-2008''.
SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
(a) Findings.--Congress finds that--
(1) there are 926 coastal, Great Lakes, and inland harbors
maintained by the Corps of Engineers;
(2) according to the Bureau of Transportation Statistics--
(A) in 2009, the ports and waterways of the United States
handled more than 2,200,000,000 short tons of imports, exports,
and domestic shipments; and
(B) in 2010, United States ports were responsible for more
than $1,400,000,000,000 in waterborne imports and exports;
(3) according to the Congressional Research Service, full
channel dimensions are, on average, available approximately \1/3\
of the time at the 59 harbors of the United States with the highest
use rates;
(4) in 1986, Congress created the Harbor Maintenance Trust Fund
to provide funds for the operation and maintenance of the
navigation channels of the United States;
(5) in fiscal year 2012, the Harbor Maintenance Trust Fund is
expected to grow from $6,280,000,000 to $7,011,000,000, an increase
of approximately 13 percent;
(6) despite growth of the Harbor Maintenance Trust Fund,
expenditures from the Harbor Maintenance Trust Fund have not been
sufficiently spent; and
(7) inadequate investment in dredging needs is restricting
access to the ports of the United States for domestic shipping,
imports, and exports and therefore threatening the economic
competitiveness of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administration should request full use of the Harbor
Maintenance Trust Fund for operating and maintaining the navigation
channels of the United States;
(2) the amounts in the Harbor Maintenance Trust Fund should be
fully expended to operate and maintain the navigation channels of
the United States; and
(3) Congress should ensure that other programs, projects, and
activities of the Civil Works Program of the Corps of Engineers,
especially those programs, projects, and activities relating to
inland navigation and flood control, are not adversely impacted.
SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.
For fiscal year 2014 and each fiscal year thereafter, the
President's budget request submitted pursuant to section 1105 of title
31, United States Code, shall include--
(1) an estimate of the nationwide average availability,
expressed as a percentage, of the authorized depth and authorized
width of all navigation channels authorized to be maintained using
appropriations from the Harbor Maintenance Trust Fund that would
result from harbor maintenance activities to be funded by the
budget request; and
(2) an estimate of the average annual amount of appropriations
from the Harbor Maintenance Trust Fund that would be required to
increase that average availability to 95 percent over a 3-year
period.
SEC. 1538. ASIAN CARP.
(a) Definitions.--In this section:
(1) Hydrological separation.--The term ``hydrological
separation'' means a physical separation on the Chicago Area
Waterway System that--
(A) would disconnect the Mississippi River watershed from
the Lake Michigan watershed; and
(B) shall be designed to be adequate in scope to prevent
the transfer of all aquatic species between each of those
bodies of water.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Army, acting through the Chief of Engineers.
(b) Expedited Study and Report.--
(1) In general.--The Secretary shall--
(A) expedite completion of the report for the study
authorized by section 3061(d) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1121);
and
(B) if the Secretary determines a project is justified in
the completed report, proceed directly to project
preconstruction engineering and design.
(2) Focus.--In expediting the completion of the study and
report under paragraph (1), the Secretary shall focus on--
(A) the prevention of the spread of aquatic nuisance
species between the Great Lakes and Mississippi River Basins,
such as through the permanent hydrological separation of the
Great Lakes and Mississippi River Basins; and
(B) the watersheds of the following rivers and tributaries
associated with the Chicago Area Waterway System:
(i) The Illinois River, at and in the vicinity of
Chicago, Illinois.
(ii) The Chicago River, Calumet River, North Shore
Channel, Chicago Sanitary and Ship Canal, and Cal-Sag
Channel in the State of Illinois.
(iii) The Grand Calumet River and Little Calumet River
in the States of Illinois and Indiana.
(3) Efficient use of funds.--The Secretary shall ensure the
efficient use of funds to maximize the timely completion of the
study and report under paragraph (1).
(4) Deadline.--The Secretary shall complete the report under
paragraph (1) by not later than 18 months after the date of
enactment of this Act.
(5) Interim report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the Committees
on Appropriations of the House of Representatives and Senate, the
Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
(A) interim milestones that will be met prior to final
completion of the study and report under paragraph (1); and
(B) funding necessary for completion of the study and
report under paragraph (1), including funding necessary for
completion of each interim milestone identified under
subparagraph (A).
SEC. 1539. REST AREAS.
(a) Agreements Relating to Use of and Access to Rights-of-way--
Interstate System.--Section 111 of title 23, United States Code, is
amended--
(1) in subsection (a) in the second sentence by striking the
period and inserting ``and will not change the boundary of any
right-of-way on the Interstate System to accommodate construction
of, or afford access to, an automotive service station or other
commercial establishment.'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Rest Areas.--
``(1) In general.--Notwithstanding subsection (a), the
Secretary shall permit a State to acquire, construct, operate, and
maintain a rest area along a highway on the Interstate System in
such State.
``(2) Limited activities.--The Secretary shall permit limited
commercial activities within a rest area under paragraph (1), if
the activities are available only to customers using the rest area
and are limited to--
``(A) commercial advertising and media displays if such
advertising and displays are--
``(i) exhibited solely within any facility constructed
in the rest area; and
``(ii) not legible from the main traveled way;
``(B) items designed to promote tourism in the State,
limited to books, DVDs, and other media;
``(C) tickets for events or attractions in the State of a
historical or tourism-related nature;
``(D) travel-related information, including maps, travel
booklets, and hotel coupon booklets; and
``(E) lottery machines, provided that the priority afforded
to blind vendors under subsection (c) applies to this
subparagraph.
``(3) Private operators.--A State may permit a private party to
operate such commercial activities.
``(4) Limitation on use of revenues.--A State shall use any
revenues received from the commercial activities in a rest area
under this section to cover the costs of acquiring, constructing,
operating, and maintaining rest areas in the State.''.
(b) Control of Outdoor Advertising.--Section 131(i) of title 23,
United States Code, is amended by adding at the end the following:
``A State may permit the installation of signs that acknowledge the
sponsorship of rest areas within such rest areas or along the main
traveled way of the system, provided that such signs shall not affect
the safe and efficient utilization of the Interstate System and the
primary system. The Secretary shall establish criteria for the
installation of such signs on the main traveled way, including criteria
pertaining to the placement of rest area sponsorship acknowledgment
signs in relation to the placement of advance guide signs for rest
areas.''.
Subtitle F--Gulf Coast Restoration
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012''.
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Gulf Coast Restoration
Trust Fund'' (referred to in this section as the ``Trust Fund''),
consisting of such amounts as are deposited in the Trust Fund under
this Act or any other provision of law.
(b) Transfers.--The Secretary of the Treasury shall deposit in the
Trust Fund an amount equal to 80 percent of all administrative and
civil penalties paid by responsible parties after the date of enactment
of this Act in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon pursuant to a court
order, negotiated settlement, or other instrument in accordance with
section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321).
(c) Expenditures.--Amounts in the Trust Fund, including interest
earned on advances to the Trust Fund and proceeds from investment under
subsection (d), shall--
(1) be available for expenditure, without further
appropriation, solely for the purpose and eligible activities of
this subtitle and the amendments made by this subtitle; and
(2) remain available until expended, without fiscal year
limitation.
(d) Investment.--Amounts in the Trust Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be available
for expenditure in accordance with this subtitle and the amendments
made by this subtitle.
(e) Administration.--Not later than 180 days after the date of
enactment of this Act, after providing notice and an opportunity for
public comment, the Secretary of the Treasury, in consultation with the
Secretary of the Interior and the Secretary of Commerce, shall
establish such procedures as the Secretary determines to be necessary
to deposit amounts in, and expend amounts from, the Trust Fund pursuant
to this subtitle, including--
(1) procedures to assess whether the programs and activities
carried out under this subtitle and the amendments made by this
subtitle achieve compliance with applicable requirements, including
procedures by which the Secretary of the Treasury may determine
whether an expenditure by a Gulf Coast State or coastal political
subdivision (as those terms are defined in section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to
such a program or activity achieves compliance;
(2) auditing requirements to ensure that amounts in the Trust
Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that may
be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.
(f) Sunset.--The authority for the Trust Fund shall terminate on
the date all funds in the Trust Fund have been expended.
SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC
RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended--
(1) in subsection (a)--
(A) in paragraph (25)(B), by striking ``and'' at the end;
(B) in paragraph (26)(D), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(27) the term `best available science' means science that--
``(A) maximizes the quality, objectivity, and integrity of
information, including statistical information;
``(B) uses peer-reviewed and publicly available data; and
``(C) clearly documents and communicates risks and
uncertainties in the scientific basis for such projects;
``(28) the term `Chairperson' means the Chairperson of the
Council;
``(29) the term `coastal political subdivision' means any local
political jurisdiction that is immediately below the State level of
government, including a county, parish, or borough, with a
coastline that is contiguous with any portion of the United States
Gulf of Mexico;
``(30) the term `Comprehensive Plan' means the comprehensive
plan developed by the Council pursuant to subsection (t);
``(31) the term `Council' means the Gulf Coast Ecosystem
Restoration Council established pursuant to subsection (t);
``(32) the term `Deepwater Horizon oil spill' means the blowout
and explosion of the mobile offshore drilling unit Deepwater
Horizon that occurred on April 20, 2010, and resulting hydrocarbon
releases into the environment;
``(33) the term `Gulf Coast region' means--
``(A) in the Gulf Coast States, the coastal zones (as that
term is defined in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453)), except that, in this section,
the term `coastal zones' includes land within the coastal zones
that is held in trust by, or the use of which is by law subject
solely to the discretion of, the Federal Government or officers
or agents of the Federal Government)) that border the Gulf of
Mexico;
``(B) any adjacent land, water, and watersheds, that are
within 25 miles of the coastal zones described in subparagraph
(A) of the Gulf Coast States; and
``(C) all Federal waters in the Gulf of Mexico;
``(34) the term `Gulf Coast State' means any of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas; and
``(35) the term `Trust Fund' means the Gulf Coast Restoration
Trust Fund established pursuant to section 1602 of the Resources
and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012.'';
(2) in subsection (s), by inserting ``except as provided in
subsection (t)'' before the period at the end; and
(3) by adding at the end the following:
``(t) Gulf Coast Restoration and Recovery.--
``(1) State allocation and expenditures.--
``(A) In general.--Of the total amounts made available in
any fiscal year from the Trust Fund, 35 percent shall be
available, in accordance with the requirements of this section,
to the Gulf Coast States in equal shares for expenditure for
ecological and economic restoration of the Gulf Coast region in
accordance with this subsection.
``(B) Use of funds.--
``(i) Eligible activities in the gulf coast region.--
Subject to clause (iii), amounts provided to the Gulf Coast
States under this subsection may only be used to carry out
1 or more of the following activities in the Gulf Coast
region:
``(I) Restoration and protection of the natural
resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf
Coast region.
``(II) Mitigation of damage to fish, wildlife, and
natural resources.
``(III) Implementation of a federally approved
marine, coastal, or comprehensive conservation
management plan, including fisheries monitoring.
``(IV) Workforce development and job creation.
``(V) Improvements to or on State parks located in
coastal areas affected by the Deepwater Horizon oil
spill.
``(VI) Infrastructure projects benefitting the
economy or ecological resources, including port
infrastructure.
``(VII) Coastal flood protection and related
infrastructure.
``(VIII) Planning assistance.
``(IX) Administrative costs of complying with this
subsection.
``(ii) Activities to promote tourism and seafood in the
gulf coast region.--Amounts provided to the Gulf Coast
States under this subsection may be used to carry out 1 or
more of the following activities:
``(I) Promotion of tourism in the Gulf Coast
Region, including recreational fishing.
``(II) Promotion of the consumption of seafood
harvested from the Gulf Coast Region.
``(iii) Limitation.--
``(I) In general.--Of the amounts received by a
Gulf Coast State under this subsection, not more than 3
percent may be used for administrative costs eligible
under clause (i)(IX).
``(II) Claims for compensation.--Activities funded
under this subsection may not be included in any claim
for compensation paid out by the Oil Spill Liability
Trust Fund after the date of enactment of this
subsection.
``(C) Coastal political subdivisions.--
``(i) Distribution.--In the case of a State where the
coastal zone includes the entire State--
``(I) 75 percent of funding shall be provided
directly to the 8 disproportionately affected counties
impacted by the Deepwater Horizon oil spill; and
``(II) 25 percent shall be provided directly to
nondisproportionately impacted counties within the
State.
``(ii) Nondisproportionately impacted counties.--The
total amounts made available to coastal political
subdivisions in the State of Florida under clause (i)(II)
shall be distributed according to the following weighted
formula:
``(I) 34 percent based on the weighted average of
the population of the county.
``(II) 33 percent based on the weighted average of
the county per capita sales tax collections estimated
for fiscal year 2012.
``(III) 33 percent based on the inverse proportion
of the weighted average distance from the Deepwater
Horizon oil rig to each of the nearest and farthest
points of the shoreline.
``(D) Louisiana.--
``(i) In general.--Of the total amounts made available
to the State of Louisiana under this paragraph:
``(I) 70 percent shall be provided directly to the
State in accordance with this subsection.
``(II) 30 percent shall be provided directly to
parishes in the coastal zone (as defined in section 304
of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453)) of the State of Louisiana according to the
following weighted formula:
``(aa) 40 percent based on the weighted average
of miles of the parish shoreline oiled.
``(bb) 40 percent based on the weighted average
of the population of the parish.
``(cc) 20 percent based on the weighted average
of the land mass of the parish.
``(ii) Conditions.--
``(I) Land use plan.--As a condition of receiving
amounts allocated under this paragraph, the chief
executive of the eligible parish shall certify to the
Governor of the State that the parish has completed a
comprehensive land use plan.
``(II) Other conditions.--A coastal political
subdivision receiving funding under this paragraph
shall meet all of the conditions in subparagraph (E).
``(E) Conditions.--As a condition of receiving amounts from
the Trust Fund, a Gulf Coast State, including the entities
described in subparagraph (F), or a coastal political
subdivision shall--
``(i) agree to meet such conditions, including audit
requirements, as the Secretary of the Treasury determines
necessary to ensure that amounts disbursed from the Trust
Fund will be used in accordance with this subsection;
``(ii) certify in such form and in such manner as the
Secretary of the Treasury determines necessary that the
project or program for which the Gulf Coast State or
coastal political subdivision is requesting amounts--
``(I) is designed to restore and protect the
natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal wetlands, or
economy of the Gulf Coast;
``(II) carries out 1 or more of the activities
described in clauses (i) and (ii) of subparagraph (B);
``(III) was selected based on meaningful input from
the public, including broad-based participation from
individuals, businesses, and nonprofit organizations;
and
``(IV) in the case of a natural resource protection
or restoration project, is based on the best available
science;
``(iii) certify that the project or program and the
awarding of a contract for the expenditure of amounts
received under this paragraph are consistent with the
standard procurement rules and regulations governing a
comparable project or program in that State, including all
applicable competitive bidding and audit requirements; and
``(iv) develop and submit a multiyear implementation
plan for the use of such amounts, which may include
milestones, projected completion of each activity, and a
mechanism to evaluate the success of each activity in
helping to restore and protect the Gulf Coast region
impacted by the Deepwater Horizon oil spill.
``(F) Approval by state entity, task force, or agency.--The
following Gulf Coast State entities, task forces, or agencies
shall carry out the duties of a Gulf Coast State pursuant to
this paragraph:
``(i) Alabama.--
``(I) In general.--In the State of Alabama, the
Alabama Gulf Coast Recovery Council, which shall be
comprised of only the following:
``(aa) The Governor of Alabama, who shall also
serve as Chairperson and preside over the meetings
of the Alabama Gulf Coast Recovery Council.
``(bb) The Director of the Alabama State Port
Authority, who shall also serve as Vice Chairperson
and preside over the meetings of the Alabama Gulf
Coast Recovery Council in the absence of the
Chairperson.
``(cc) The Chairman of the Baldwin County
Commission.
``(dd) The President of the Mobile County
Commission.
``(ee) The Mayor of the city of Bayou La Batre.
``(ff) The Mayor of the town of Dauphin Island.
``(gg) The Mayor of the city of Fairhope.
``(hh) The Mayor of the city of Gulf Shores.
``(ii) The Mayor of the city of Mobile.
``(jj) The Mayor of the city of Orange Beach.
``(II) Vote.--Each member of the Alabama Gulf Coast
Recovery Council shall be entitled to 1 vote.
``(III) Majority vote.--All decisions of the
Alabama Gulf Coast Recovery Council shall be made by
majority vote.
``(IV) Limitation on administrative expenses.--
Administrative duties for the Alabama Gulf Coast
Recovery Council may only be performed by public
officials and employees that are subject to the ethics
laws of the State of Alabama.
``(ii) Louisiana.--In the State of Louisiana, the
Coastal Protection and Restoration Authority of Louisiana.
``(iii) Mississippi.--In the State of Mississippi, the
Mississippi Department of Environmental Quality.
``(iv) Texas.--In the State of Texas, the Office of the
Governor or an appointee of the Office of the Governor.
``(G) Compliance with eligible activities.--If the
Secretary of the Treasury determines that an expenditure by a
Gulf Coast State or coastal political subdivision of amounts
made available under this subsection does not meet one of the
activities described in clauses (i) and (ii) of subparagraph
(B), the Secretary shall make no additional amounts from the
Trust Fund available to that Gulf Coast State or coastal
political subdivision until such time as an amount equal to the
amount expended for the unauthorized use--
``(i) has been deposited by the Gulf Coast State or
coastal political subdivision in the Trust Fund; or
``(ii) has been authorized by the Secretary of the
Treasury for expenditure by the Gulf Coast State or coastal
political subdivision for a project or program that meets
the requirements of this subsection.
``(H) Compliance with conditions.--If the Secretary of the
Treasury determines that a Gulf Coast State or coastal
political subdivision does not meet the requirements of this
paragraph, including the conditions of subparagraph (E), where
applicable, the Secretary of the Treasury shall make no amounts
from the Trust Fund available to that Gulf Coast State or
coastal political subdivision until all conditions of this
paragraph are met.
``(I) Public input.--In meeting any condition of this
paragraph, a Gulf Coast State may use an appropriate procedure
for public consultation in that Gulf Coast State, including
consulting with one or more established task forces or other
entities, to develop recommendations for proposed projects and
programs that would restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats, beaches,
coastal wetlands, and economy of the Gulf Coast.
``(J) Previously approved projects and programs.--A Gulf
Coast State or coastal political subdivision shall be
considered to have met the conditions of subparagraph (E) for a
specific project or program if, before the date of enactment of
the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012--
``(i) the Gulf Coast State or coastal political
subdivision has established conditions for carrying out
projects and programs that are substantively the same as
the conditions described in subparagraph (E); and
``(ii) the applicable project or program carries out 1
or more of the activities described in clauses (i) and (ii)
of subparagraph (B).
``(K) Local preference.--In awarding contracts to carry out
a project or program under this paragraph, a Gulf Coast State
or coastal political subdivision may give a preference to
individuals and companies that reside in, are headquartered in,
or are principally engaged in business in the State of project
execution.
``(L) Unused funds.--Funds allocated to a State or coastal
political subdivision under this paragraph shall remain in the
Trust Fund until such time as the State or coastal political
subdivision develops and submits a plan identifying uses for
those funds in accordance with subparagraph (E)(iv).
``(M) Judicial review.--If the Secretary of the Treasury
determines that a Gulf Coast State or coastal political
subdivision does not meet the requirements of this paragraph,
including the conditions of subparagraph (E), the Gulf Coast
State or coastal political subdivision may obtain expedited
judicial review within 90 days after that decision in a
district court of the United States, of appropriate
jurisdiction and venue, that is located within the State
seeking the review.
``(N) Cost-sharing.--
``(i) In general.--A Gulf Coast State or coastal
political subdivision may use, in whole or in part, amounts
made available under this paragraph to that Gulf Coast
State or coastal political subdivision to satisfy the non-
Federal share of the cost of any project or program
authorized by Federal law that is an eligible activity
described in clauses (i) and (ii) of subparagraph (B).
``(ii) Effect on other funds.--The use of funds made
available from the Trust Fund to satisfy the non-Federal
share of the cost of a project or program that meets the
requirements of clause (i) shall not affect the priority in
which other Federal funds are allocated or awarded.
``(2) Council establishment and allocation.--
``(A) In general.--Of the total amount made available in
any fiscal year from the Trust Fund, 30 percent shall be
disbursed to the Council to carry out the Comprehensive Plan.
``(B) Council expenditures.--
``(i) In general.--In accordance with this paragraph,
the Council shall expend funds made available from the
Trust Fund to undertake projects and programs, using the
best available science, that would restore and protect the
natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal wetlands, and economy
of the Gulf Coast.
``(ii) Allocation and expenditure procedures.--The
Secretary of the Treasury shall develop such conditions,
including audit requirements, as the Secretary of the
Treasury determines necessary to ensure that amounts
disbursed from the Trust Fund to the Council to implement
the Comprehensive Plan will be used in accordance with this
paragraph.
``(iii) Administrative expenses.--Of the amounts
received by the Council under this paragraph, not more than
3 percent may be used for administrative expenses,
including staff.
``(C) Gulf coast ecosystem restoration council.--
``(i) Establishment.--There is established as an
independent entity in the Federal Government a council to
be known as the `Gulf Coast Ecosystem Restoration Council'.
``(ii) Membership.--The Council shall consist of the
following members, or in the case of a Federal agency, a
designee at the level of the Assistant Secretary or the
equivalent:
``(I) The Secretary of the Interior.
``(II) The Secretary of the Army.
``(III) The Secretary of Commerce.
``(IV) The Administrator of the Environmental
Protection Agency.
``(V) The Secretary of Agriculture.
``(VI) The head of the department in which the
Coast Guard is operating.
``(VII) The Governor of the State of Alabama.
``(VIII) The Governor of the State of Florida.
``(IX) The Governor of the State of Louisiana.
``(X) The Governor of the State of Mississippi.
``(XI) The Governor of the State of Texas.
``(iii) Alternate.--A Governor appointed to the Council
by the President may designate an alternate to represent
the Governor on the Council and vote on behalf of the
Governor.
``(iv) Chairperson.--From among the Federal agency
members of the Council, the representatives of States on
the Council shall select, and the President shall appoint,
1 Federal member to serve as Chairperson of the Council.
``(v) Presidential appointment.--All Council members
shall be appointed by the President.
``(vi) Council actions.--
``(I) In general.--The following actions by the
Council shall require the affirmative vote of the
Chairperson and a majority of the State members to be
effective:
``(aa) Approval of a Comprehensive Plan and
future revisions to a Comprehensive Plan.
``(bb) Approval of State plans pursuant to
paragraph (3)(B)(iv).
``(cc) Approval of reports to Congress pursuant
to clause (vii)(VII).
``(dd) Approval of transfers pursuant to
subparagraph (E)(ii)(I).
``(ee) Other significant actions determined by
the Council.
``(II) Quorum.--A majority of State members shall
be required to be present for the Council to take any
significant action.
``(III) Affirmative vote requirement considered
met.--For approval of State plans pursuant to paragraph
(3)(B)(iv), the certification by a State member of the
Council that the plan satisfies all requirements of
clauses (i) and (ii) of paragraph (3)(B), when joined
by an affirmative vote of the Federal Chairperson of
the Council, shall be considered to satisfy the
requirements for affirmative votes under subclause (I).
``(IV) Public transparency.--Appropriate actions of
the Council, including significant actions and
associated deliberations, shall be made available to
the public via electronic means prior to any vote.
``(vii) Duties of council.--The Council shall--
``(I) develop the Comprehensive Plan and future
revisions to the Comprehensive Plan;
``(II) identify as soon as practicable the projects
that--
``(aa) have been authorized prior to the date
of enactment of this subsection but not yet
commenced; and
``(bb) if implemented quickly, would restore
and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches,
barrier islands, dunes, and coastal wetlands of the
Gulf Coast region;
``(III) establish such other 1 or more advisory
committees as may be necessary to assist the Council,
including a scientific advisory committee and a
committee to advise the Council on public policy
issues;
``(IV) collect and consider scientific and other
research associated with restoration of the Gulf Coast
ecosystem, including research, observation, and
monitoring carried out pursuant to sections 1604 and
1605 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012;
``(V) develop standard terms to include in
contracts for projects and programs awarded pursuant to
the Comprehensive Plan that provide a preference to
individuals and companies that reside in, are
headquartered in, or are principally engaged in
business in a Gulf Coast State;
``(VI) prepare an integrated financial plan and
recommendations for coordinated budget requests for the
amounts proposed to be expended by the Federal agencies
represented on the Council for projects and programs in
the Gulf Coast States; and
``(VII) submit to Congress an annual report that--
``(aa) summarizes the policies, strategies,
plans, and activities for addressing the
restoration and protection of the Gulf Coast
region;
``(bb) describes the projects and programs
being implemented to restore and protect the Gulf
Coast region, including--
``(AA) a list of each project and program;
``(BB) an identification of the funding
provided to projects and programs identified in
subitem (AA);
``(CC) an identification of each recipient
for funding identified in subitem (BB); and
``(DD) a description of the length of time
and funding needed to complete the objectives
of each project and program identified in
subitem (AA);
``(cc) makes such recommendations to Congress
for modifications of existing laws as the Council
determines necessary to implement the Comprehensive
Plan;
``(dd) reports on the progress on
implementation of each project or program--
``(AA) after 3 years of ongoing activity of
the project or program, if applicable; and
``(BB) on completion of the project or
program;
``(ee) includes the information required to be
submitted under section 1605(c)(4) of the Resources
and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012; and
``(ff) submits the reports required under item
(dd) to--
``(AA) the Committee on Science, Space, and
Technology, the Committee on Natural Resources,
the Committee on Transportation and
Infrastructure, and the Committee on
Appropriations of the House of Representatives;
and
``(BB) the Committee on Environment and
Public Works, the Committee on Commerce,
Science, and Transportation, the Committee on
Energy and Natural Resources, and the Committee
on Appropriations of the Senate.
``(viii) Application of federal advisory committee
act.--The Council, or any other advisory committee
established under this subparagraph, shall not be
considered an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
``(ix) Sunset.--The authority for the Council, and any
other advisory committee established under this
subparagraph, shall terminate on the date all funds in the
Trust Fund have been expended.
``(D) Comprehensive plan.--
``(i) Proposed plan.--
``(I) In general.--Not later than 180 days after
the date of enactment of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012, the
Chairperson, on behalf of the Council and after
appropriate public input, review, and comment, shall
publish a proposed plan to restore and protect the
natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal wetlands of the
Gulf Coast region.
``(II) Inclusions.--The proposed plan described in
subclause (I) shall include and incorporate the
findings and information prepared by the President's
Gulf Coast Restoration Task Force.
``(ii) Publication.--
``(I) Initial plan.--Not later than 1 year after
the date of enactment of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012 and
after notice and opportunity for public comment, the
Chairperson, on behalf of the Council and after
approval by the Council, shall publish in the Federal
Register the initial Comprehensive Plan to restore and
protect the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast region.
``(II) Cooperation with gulf coast restoration task
force.--The Council shall develop the initial
Comprehensive Plan in close coordination with the
President's Gulf Coast Restoration Task Force.
``(III) Considerations.--In developing the initial
Comprehensive Plan and subsequent updates, the Council
shall consider all relevant findings, reports, or
research prepared or funded under section 1604 or 1605
of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012.
``(IV) Contents.--The initial Comprehensive Plan
shall include--
``(aa) such provisions as are necessary to
fully incorporate in the Comprehensive Plan the
strategy, projects, and programs recommended by the
President's Gulf Coast Restoration Task Force;
``(bb) a list of any project or program
authorized prior to the date of enactment of this
subsection but not yet commenced, the completion of
which would further the purposes and goals of this
subsection and of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012;
``(cc) a description of the manner in which
amounts from the Trust Fund projected to be made
available to the Council for the succeeding 10
years will be allocated; and
``(dd) subject to available funding in
accordance with clause (iii), a prioritized list of
specific projects and programs to be funded and
carried out during the 3-year period immediately
following the date of publication of the initial
Comprehensive Plan, including a table that
illustrates the distribution of projects and
programs by the Gulf Coast State.
``(V) Plan updates.--The Council shall update--
``(aa) the Comprehensive Plan every 5 years in
a manner comparable to the manner established in
this subparagraph for each 5-year period for which
amounts are expected to be made available to the
Gulf Coast States from the Trust Fund; and
``(bb) the 3-year list of projects and programs
described in subclause (IV)(dd) annually.
``(iii) Restoration priorities.--Except for projects
and programs described in clause (ii)(IV)(bb), in selecting
projects and programs to include on the 3-year list
described in clause (ii)(IV)(dd), based on the best
available science, the Council shall give highest priority
to projects that address 1 or more of the following
criteria:
``(I) Projects that are projected to make the
greatest contribution to restoring and protecting the
natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal wetlands of the
Gulf Coast region, without regard to geographic
location within the Gulf Coast region.
``(II) Large-scale projects and programs that are
projected to substantially contribute to restoring and
protecting the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast ecosystem.
``(III) Projects contained in existing Gulf Coast
State comprehensive plans for the restoration and
protection of natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast region.
``(IV) Projects that restore long-term resiliency
of the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and coastal wetlands
most impacted by the Deepwater Horizon oil spill.
``(E) Implementation.--
``(i) In general.--The Council, acting through the
Federal agencies represented on the Council and Gulf Coast
States, shall expend funds made available from the Trust
Fund to carry out projects and programs adopted in the
Comprehensive Plan.
``(ii) Administrative responsibility.--
``(I) In general.--Primary authority and
responsibility for each project and program included in
the Comprehensive Plan shall be assigned by the Council
to a Gulf Coast State represented on the Council or a
Federal agency.
``(II) Transfer of amounts.--Amounts necessary to
carry out each project or program included in the
Comprehensive Plan shall be transferred by the
Secretary of the Treasury from the Trust Fund to that
Federal agency or Gulf Coast State as the project or
program is implemented, subject to such conditions as
the Secretary of the Treasury, in consultation with the
Secretary of the Interior and the Secretary of
Commerce, established pursuant to section 1602 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012.
``(III) Limitation on transfers.--
``(aa) Grants to nongovernmental entities.--In
the case of funds transferred to a Federal or State
agency under subclause (II), the agency shall not
make 1 or more grants or cooperative agreements to
a nongovernmental entity if the total amount
provided to the entity would equal or exceed 10
percent of the total amount provided to the agency
for that particular project or program, unless the
1 or more grants have been reported in accordance
with item (bb).
``(bb) Reporting of grantees.--At least 30 days
prior to making a grant or entering into a
cooperative agreement described in item (aa), the
name of each grantee, including the amount and
purpose of each grant or cooperative agreement,
shall be published in the Federal Register and
delivered to the congressional committees listed in
subparagraph (C)(vii)(VII)(ff).
``(cc) Annual reporting of grantees.--Annually,
the name of each grantee, including the amount and
purposes of each grant or cooperative agreement,
shall be published in the Federal Register and
delivered to Congress as part of the report
submitted pursuant to subparagraph (C)(vii)(VII).
``(IV) Project and program limitation.--The
Council, a Federal agency, or a State may not carry out
a project or program funded under this paragraph
outside of the Gulf Coast region.
``(F) Coordination.--The Council and the Federal members of
the Council may develop memoranda of understanding establishing
integrated funding and implementation plans among the member
agencies and authorities.
``(3) Oil spill restoration impact allocation.--
``(A) In general.--
``(i) Disbursement.--Of the total amount made available
from the Trust Fund, 30 percent shall be disbursed pursuant
to the formula in clause (ii) to the Gulf Coast States on
the approval of the plan described in subparagraph (B)(i).
``(ii) Formula.--Subject to subparagraph (B), for each
Gulf Coast State, the amount disbursed under this paragraph
shall be based on a formula established by the Council by
regulation that is based on a weighted average of the
following criteria:
``(I) 40 percent based on the proportionate number
of miles of shoreline in each Gulf Coast State that
experienced oiling on or before April 10, 2011,
compared to the total number of miles of shoreline that
experienced oiling as a result of the Deepwater Horizon
oil spill.
``(II) 40 percent based on the inverse proportion
of the average distance from the mobile offshore
drilling unit Deepwater Horizon at the time of the
explosion to the nearest and farthest point of the
shoreline that experienced oiling of each Gulf Coast
State.
``(III) 20 percent based on the average population
in the 2010 decennial census of coastal counties
bordering the Gulf of Mexico within each Gulf Coast
State.
``(iii) Minimum allocation.--The amount disbursed to a
Gulf Coast State for each fiscal year under clause (ii)
shall be at least 5 percent of the total amounts made
available under this paragraph.
``(B) Disbursement of funds.--
``(i) In general.--The Council shall disburse amounts
to the respective Gulf Coast States in accordance with the
formula developed under subparagraph (A) for projects,
programs, and activities that will improve the ecosystems
or economy of the Gulf Coast region, subject to the
condition that each Gulf Coast State submits a plan for the
expenditure of amounts disbursed under this paragraph that
meets the following criteria:
``(I) All projects, programs, and activities
included in the plan are eligible activities pursuant
to clauses (i) and (ii) of paragraph (1)(B).
``(II) The projects, programs, and activities
included in the plan contribute to the overall economic
and ecological recovery of the Gulf Coast.
``(III) The plan takes into consideration the
Comprehensive Plan and is consistent with the goals and
objectives of the Plan, as described in paragraph
(2)(B)(i).
``(ii) Funding.--
``(I) In general.--Except as provided in subclause
(II), the plan described in clause (i) may use not more
than 25 percent of the funding made available for
infrastructure projects eligible under subclauses (VI)
and (VII) of paragraph (1)(B)(i).
``(II) Exception.--The plan described in clause (i)
may propose to use more than 25 percent of the funding
made available for infrastructure projects eligible
under subclauses (VI) and (VII) of paragraph (1)(B)(i)
if the plan certifies that--
``(aa) ecosystem restoration needs in the State
will be addressed by the projects in the proposed
plan; and
``(bb) additional investment in infrastructure
is required to mitigate the impacts of the
Deepwater Horizon Oil Spill to the ecosystem or
economy.
``(iii) Development.--The plan described in clause (i)
shall be developed by--
``(I) in the State of Alabama, the Alabama Gulf
Coast Recovery Council established under paragraph
(1)(F)(i);
``(II) in the State of Florida, a consortia of
local political subdivisions that includes at a minimum
1 representative of each affected county;
``(III) in the State of Louisiana, the Coastal
Protection and Restoration Authority of Louisiana;
``(IV) in the State of Mississippi, the Office of
the Governor or an appointee of the Office of the
Governor; and
``(V) in the State of Texas, the Office of the
Governor or an appointee of the Office of the Governor.
``(iv) Approval.--Not later than 60 days after the date
on which a plan is submitted under clause (i), the Council
shall approve or disapprove the plan based on the
conditions of clause (i).
``(C) Disapproval.--If the Council disapproves a plan
pursuant to subparagraph (B)(iv), the Council shall--
``(i) provide the reasons for disapproval in writing;
and
``(ii) consult with the State to address any identified
deficiencies with the State plan.
``(D) Failure to submit adequate plan.--If a State fails to
submit an adequate plan under this paragraph, any funds made
available under this paragraph shall remain in the Trust Fund
until such date as a plan is submitted and approved pursuant to
this paragraph.
``(E) Judicial review.--If the Council fails to approve or
take action within 60 days on a plan, as described in
subparagraph (B)(iv), the State may obtain expedited judicial
review within 90 days of that decision in a district court of
the United States, of appropriate jurisdiction and venue, that
is located within the State seeking the review.
``(F) Cost-sharing.--
``(i) In general.--A Gulf Coast State or coastal
political subdivision may use, in whole or in part, amounts
made available to that Gulf Coast State or coastal
political subdivision under this paragraph to satisfy the
non-Federal share of any project or program that--
``(I) is authorized by other Federal law; and
``(II) is an eligible activity described in clause
(i) or (ii) of paragraph (1)(B).
``(ii) Effect on other funds.--The use of funds made
available from the Trust Fund under this paragraph to
satisfy the non-Federal share of the cost of a project or
program described in clause (i) shall not affect the
priority in which other Federal funds are allocated or
awarded.
``(4) Authorization of interest transfers.--Of the total amount
made available for any fiscal year from the Trust Fund that is
equal to the interest earned by the Trust Fund and proceeds from
investments made by the Trust Fund in the preceding fiscal year--
``(A) 50 percent shall be divided equally between--
``(i) the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology program authorized
in section 1604 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012; and
``(ii) the centers of excellence research grants
authorized in section 1605 of that Act; and
``(B) 50 percent shall be made available to the Gulf Coast
Ecosystem Restoration Council to carry out the Comprehensive
Plan pursuant to paragraph (2).''.
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION,
MONITORING, AND TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Commission.--The term ``Commission'' means the Gulf States
Marine Fisheries Commission.
(3) Director.--The term ``Director'' means the Director of the
United States Fish and Wildlife Service.
(4) Program.--The term ``program'' means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology program established under this section.
(b) Establishment of Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with the
Director, shall establish the Gulf Coast Ecosystem Restoration
Science, Observation, Monitoring, and Technology program to carry
out research, observation, and monitoring to support, to the
maximum extent practicable, the long-term sustainability of the
ecosystem, fish stocks, fish habitat, and the recreational,
commercial, and charter fishing industry in the Gulf of Mexico.
(2) Expenditure of funds.--For each fiscal year, amounts made
available to carry out this subsection may be expended for, with
respect to the Gulf of Mexico--
(A) marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and ocean
observation;
(C) data collection and stock assessments;
(D) pilot programs for--
(i) fishery independent data; and
(ii) reduction of exploitation of spawning
aggregations; and
(E) cooperative research.
(3) Cooperation with the commission.--For each fiscal year,
amounts made available to carry out this subsection may be
transferred to the Commission to establish a fisheries monitoring
and research program, with respect to the Gulf of Mexico.
(4) Consultation.--The Administrator and the Director shall
consult with the Regional Gulf of Mexico Fishery Management Council
and the Commission in carrying out the program.
(c) Species Included.--The research, monitoring, assessment, and
programs eligible for amounts made available under the program shall
include all marine, estuarine, aquaculture, and fish species in State
and Federal waters of the Gulf of Mexico.
(d) Research Priorities.--In distributing funding under this
subsection, priority shall be given to integrated, long-term projects
that--
(1) build on, or are coordinated with, related research
activities; and
(2) address current or anticipated marine ecosystem, fishery,
or wildlife management information needs.
(e) Duplication.--In carrying out this section, the Administrator,
in consultation with the Director, shall seek to avoid duplication of
other research and monitoring activities.
(f) Coordination With Other Programs.--The Administrator, in
consultation with the Director, shall develop a plan for the
coordination of projects and activities between the program and other
existing Federal and State science and technology programs in the
States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well
as between the centers of excellence.
(g) Limitation on Expenditures.--
(1) In general.--Not more than 3 percent of funds provided in
subsection (h) shall be used for administrative expenses.
(2) NOAA.--The funds provided in subsection (h) may not be
used--
(A) for any existing or planned research led by the
National Oceanic and Atmospheric Administration, unless agreed
to in writing by the grant recipient;
(B) to implement existing regulations or initiate new
regulations promulgated or proposed by the National Oceanic and
Atmospheric Administration; or
(C) to develop or approve a new limited access privilege
program (as that term is used in section 303A of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1853a)) for any fishery under the jurisdiction of the South
Atlantic, Mid-Atlantic, New England, or Gulf of Mexico Fishery
Management Councils.
(h) Funding.--Of the total amount made available for each fiscal
year for the Gulf Coast Restoration Trust Fund established under
section 1602, 2.5 percent shall be available to carry out the program.
(i) Sunset.--The program shall cease operations when all funds in
the Gulf Coast Restoration Trust Fund established under section 1602
have been expended.
SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.
(a) In General.--Of the total amount made available for each fiscal
year from the Gulf Coast Restoration Trust Fund established under
section 1602, 2.5 percent shall be made available to the Gulf Coast
States (as defined in section 311(a) of the Federal Water Pollution
Control Act (as added by section 1603 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012)), in equal shares, exclusively for
grants in accordance with subsection (c) to establish centers of
excellence to conduct research only on the Gulf Coast Region (as
defined in section 311 of the Federal Water Pollution Control Act (33.
U.S.C. 1321)).
(b) Approval by State Entity, Task Force, or Agency.--The duties of
a Gulf Coast State under this section shall be carried out by the
applicable Gulf Coast State entities, task forces, or agencies listed
in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as
added by section 1603 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012), and for the State of Florida, a consortium of public and
private research institutions within the State, which shall include the
Florida Department of Environmental Protection and the Florida Fish and
Wildlife Conservation Commission, for that Gulf Coast State.
(c) Grants.--
(1) In general.--A Gulf Coast State shall use the amounts made
available to carry out this section to award competitive grants to
nongovernmental entities and consortia in the Gulf Coast region
(including public and private institutions of higher education) for
the establishment of centers of excellence as described in
subsection (d).
(2) Application.--To be eligible to receive a grant under this
subsection, an entity or consortium described in paragraph (1)
shall submit to a Gulf Coast State an application at such time, in
such manner, and containing such information as the Gulf Coast
State determines to be appropriate.
(3) Priority.--In awarding grants under this subsection, a Gulf
Coast State shall give priority to entities and consortia that
demonstrate the ability to establish the broadest cross-section of
participants with interest and expertise in any discipline
described in subsection (d) on which the proposal of the center of
excellence will be focused.
(4) Reporting.--
(A) In general.--Each Gulf Coast State shall provide
annually to the Gulf Coast Ecosystem Restoration Council
established under section 311(t)(2)(C) of the Federal Water
Pollution Control Act (as added by section 1603 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012)
information regarding all grants, including the amount,
discipline or disciplines, and recipients of the grants, and in
the case of any grant awarded to a consortium, the membership
of the consortium.
(B) Inclusion.--The Gulf Coast Ecosystem Restoration
Council shall include the information received under
subparagraph (A) in the annual report to Congress of the
Council required under section 311(t)(2)(C)(vii)(VII) of the
Federal Water Pollution Control Act (as added by section 1603
of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012).
(d) Disciplines.--Each center of excellence shall focus on science,
technology, and monitoring in at least 1 of the following disciplines:
(1) Coastal and deltaic sustainability, restoration and
protection, including solutions and technology that allow citizens
to live in a safe and sustainable manner in a coastal delta in the
Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem research and
monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research and
technology to improve the sustainable and safe development of
energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and commercial
development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and mapping of the
Gulf of Mexico.
SEC. 1606. EFFECT.
(a) Definition of Deepwater Horizon Oil Spill.--In this section,
the term ``Deepwater Horizon oil spill'' has the meaning given the term
in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)).
(b) Effect and Application.--Nothing in this subtitle or any
amendment made by this subtitle--
(1) supersedes or otherwise affects any other provision of
Federal law, including, in particular, laws providing recovery for
injury to natural resources under the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and laws for the protection of public health
and the environment; or
(2) applies to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(c) Use of Funds.--Funds made available under this subtitle may be
used only for eligible activities specifically authorized by this
subtitle and the amendments made by this subtitle.
SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
(a) Willing Seller.--Funds made available under this subtitle may
only be used to acquire land or interests in land by purchase,
exchange, or donation from a willing seller.
(b) Acquisition of Federal Land.--None of the funds made available
under this subtitle may be used to acquire land in fee title by the
Federal Government unless--
(1) the land is acquired by exchange or donation; or
(2) the acquisition is necessary for the restoration and
protection of the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and coastal wetlands of the Gulf
Coast region and has the concurrence of the Governor of the State
in which the acquisition will take place.
SEC. 1608. INSPECTOR GENERAL.
The Office of the Inspector General of the Department of the
Treasury shall have authority to conduct, supervise, and coordinate
audits and investigations of projects, programs, and activities funded
under this subtitle and the amendments made by this subtitle.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``America Fast Forward Financing
Innovation Act of 2012''.
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
Sections 601 through 609 of title 23, United States Code, are
amended to read as follows:
``Sec. 601. Generally applicable provisions
``(a) Definitions.--In this chapter, the following definitions
apply:
``(1) Contingent commitment.--The term `contingent commitment'
means a commitment to obligate an amount from future available
budget authority that is--
``(A) contingent on those funds being made available in law
at a future date; and
``(B) not an obligation of the Federal Government.
``(2) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or for
the account of, an obligor in connection with a project, including
the cost of--
``(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
relating to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(3) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of credit
authorized to be made available under this chapter with respect to
a project.
``(4) Investment-grade rating.--The term `investment-grade
rating' means a rating of BBB minus, Baa3, bbb minus, BBB (low), or
higher assigned by a rating agency to project obligations.
``(5) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a) of
title 17, Code of Federal Regulations (or any successor
regulation), known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
``(6) Letter of interest.--The term `letter of interest' means
a letter submitted by a potential applicant prior to an application
for credit assistance in a format prescribed by the Secretary on
the website of the TIFIA program that--
``(A) describes the project and the location, purpose, and
cost of the project;
``(B) outlines the proposed financial plan, including the
requested credit assistance and the proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of other
eligibility requirements of the TIFIA program.
``(7) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 604 to provide a direct loan at a future date upon the
occurrence of certain events.
``(8) Limited buydown.--The term `limited buydown' means,
subject to the conditions described in section 603(b)(4)(C), a
buydown of the interest rate by the obligor if the interest rate
has increased between--
``(A)(i) the date on which a project application acceptable
to the Secretary is submitted; or
``(ii) the date on which the Secretary entered into a
master credit agreement; and
``(B) the date on which the Secretary executes the Federal
credit instrument.
``(9) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
``(10) Master credit agreement.--The term `master credit
agreement' means an agreement to extend credit assistance for a
program of projects secured by a common security pledge (which
shall receive an investment grade rating from a rating agency), or
for a single project covered under section 602(b)(2) that would--
``(A) make contingent commitments of 1 or more secured
loans or other Federal credit instruments at future dates,
subject to the availability of future funds being made
available to carry out this chapter;
``(B) establish the maximum amounts and general terms and
conditions of the secured loans or other Federal credit
instruments;
``(C) identify the 1 or more dedicated non-Federal revenue
sources that will secure the repayment of the secured loans or
secured Federal credit instruments;
``(D) provide for the obligation of funds for the secured
loans or secured Federal credit instruments after all
requirements have been met for the projects subject to the
master credit agreement, including--
``(i) completion of an environmental impact statement
or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) compliance with such other requirements as are
specified in section 602(c); and
``(iii) the availability of funds to carry out this
chapter; and
``(E) require that contingent commitments result in a
financial close and obligation of credit assistance not later
than 3 years after the date of entry into the master credit
agreement, or release of the commitment, unless otherwise
extended by the Secretary.
``(11) Obligor.--The term `obligor' means a party that--
``(A) is primarily liable for payment of the principal of
or interest on a Federal credit instrument; and
``(B) may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or instrumentality.
``(12) Project.--The term `project' means--
``(A) any surface transportation project eligible for
Federal assistance under this title or chapter 53 of title 49;
``(B) a project for an international bridge or tunnel for
which an international entity authorized under Federal or State
law is responsible;
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and vehicles
owned by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems; and
``(D) a project that--
``(i) is a project--
``(I) for a public freight rail facility or a
private facility providing public benefit for highway
users by way of direct freight interchange between
highway and rail carriers;
``(II) for an intermodal freight transfer facility;
``(III) for a means of access to a facility
described in subclause (I) or (II);
``(IV) for a service improvement for a facility
described in subclause (I) or (II) (including a capital
investment for an intelligent transportation system);
or
``(V) that comprises a series of projects described
in subclauses (I) through (IV) with the common
objective of improving the flow of goods;
``(ii) may involve the combining of private and public
sector funds, including investment of public funds in
private sector facility improvements;
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into
and out of the port; and
``(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal capital
improvement projects eligible for assistance under this
section in order to meet the eligible project cost
threshold under section 602, by grouping related projects
together for that purpose, subject to the condition that
the credit assistance for the projects is secured by a
common pledge.
``(13) Project obligation.--The term `project obligation' means
any note, bond, debenture, or other debt obligation issued by an
obligor in connection with the financing of a project, other than a
Federal credit instrument.
``(14) Rating agency.--The term `rating agency' means a credit
rating agency registered with the Securities and Exchange
Commission as a nationally recognized statistical rating
organization (as that term is defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(15) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located in any area other than a city with a
population of more than 250,000 inhabitants within the city limits.
``(16) Secured loan.--The term `secured loan' means a direct
loan or other debt obligation issued by an obligor and funded by
the Secretary in connection with the financing of a project under
section 603.
``(17) State.--The term `State' has the meaning given the term
in section 101.
``(18) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated long-
term cost to the Federal Government of a Federal credit
instrument--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any incidental
effects on governmental receipts or outlays in accordance with
the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(19) Substantial completion.--The term `substantial
completion' means--
``(A) the opening of a project to vehicular or passenger
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the credit agreement.
``(20) TIFIA program.--The term `TIFIA program' means the
transportation infrastructure finance and innovation program of the
Department.
``(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
``(a) Eligibility.--
``(1) In general.--A project shall be eligible to receive
credit assistance under this chapter if--
``(A) the entity proposing to carry out the project submits
a letter of interest prior to submission of a formal
application for the project; and
``(B) the project meets the criteria described in this
subsection.
``(2) Creditworthiness.--
``(A) In general.--To be eligible for assistance under this
chapter, a project shall satisfy applicable creditworthiness
standards, which, at a minimum, shall include--
``(i) a rate covenant, if applicable;
``(ii) adequate coverage requirements to ensure
repayment;
``(iii) an investment grade rating from at least 2
rating agencies on debt senior to the Federal credit
instrument; and
``(iv) a rating from at least 2 rating agencies on the
Federal credit instrument, subject to the condition that,
with respect to clause (iii), if the total amount of the
senior debt and the Federal credit instrument is less than
$75,000,000, 1 rating agency opinion for each of the senior
debt and Federal credit instrument shall be sufficient.
``(B) Senior debt.--Notwithstanding subparagraph (A), in a
case in which the Federal credit instrument is the senior debt,
the Federal credit instrument shall be required to receive an
investment grade rating from at least 2 rating agencies, unless
the credit instrument is for an amount less than $75,000,000,
in which case 1 rating agency opinion shall be sufficient.
``(3) Inclusion in transportation plans and programs.--A
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an agreement
to make available a Federal credit instrument is entered into under
this chapter.
``(4) Application.--A State, local government, public
authority, public-private partnership, or any other legal entity
undertaking the project and authorized by the Secretary shall
submit a project application that is acceptable to the Secretary.
``(5) Eligible project costs.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under this chapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural infrastructure project,
$25,000,000; and
``(ii) 33\1/3\ percent of the amount of Federal highway
assistance funds apportioned for the most recently
completed fiscal year to the State in which the project is
located.
``(B) Intelligent transportation system projects.--In the
case of a project principally involving the installation of an
intelligent transportation system, eligible project costs shall
be reasonably anticipated to equal or exceed $15,000,000.
``(6) Dedicated revenue sources.--The applicable Federal credit
instrument shall be repayable, in whole or in part, from--
``(A) tolls;
``(B) user fees;
``(C) payments owing to the obligor under a public-private
partnership; or
``(D) other dedicated revenue sources that also secure or
fund the project obligations.
``(7) Public sponsorship of private entities.--In the case of a
project that is undertaken by an entity that is not a State or
local government or an agency or instrumentality of a State or
local government, the project that the entity is undertaking shall
be publicly sponsored as provided in paragraph (3).
``(8) Applications where obligor will be identified later.--A
State, local government, agency or instrumentality of a State or
local government, or public authority may submit to the Secretary
an application under paragraph (4), under which a private party to
a public-private partnership will be--
``(A) the obligor; and
``(B) identified later through completion of a procurement
and selection of the private party.
``(9) Beneficial effects.--The Secretary shall determine that
financial assistance for the project under this chapter will--
``(A) foster, if appropriate, partnerships that attract
public and private investment for the project;
``(B) enable the project to proceed at an earlier date than
the project would otherwise be able to proceed or reduce the
lifecycle costs (including debt service costs) of the project;
and
``(C) reduce the contribution of Federal grant assistance
for the project.
``(10) Project readiness.--To be eligible for assistance under
this chapter, the applicant shall demonstrate a reasonable
expectation that the contracting process for construction of the
project can commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the project
under this chapter.
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish a rolling
application process under which projects that are eligible to
receive credit assistance under subsection (a) shall receive credit
assistance on terms acceptable to the Secretary, if adequate funds
are available to cover the subsidy costs associated with the
Federal credit instrument.
``(2) Adequate funding not available.--If the Secretary fully
obligates funding to eligible projects in a fiscal year, and
adequate funding is not available to fund a credit instrument, a
project sponsor of an eligible project may elect to enter into a
master credit agreement and wait until the earlier of--
``(A) the following fiscal year; and
``(B) the fiscal year during which additional funds are
available to receive credit assistance.
``(3) Preliminary rating opinion letter.--The Secretary shall
require each project applicant to provide a preliminary rating
opinion letter from at least 1 rating agency--
``(A) indicating that the senior obligations of the
project, which may be the Federal credit instrument, have the
potential to achieve an investment-grade rating; and
``(B) including a preliminary rating opinion on the Federal
credit instrument.
``(c) Federal Requirements.--
``(1) In general.--In addition to the requirements of this
title for highway projects, the requirements of chapter 53 of title
49 for transit projects, and the requirements of section 5333(a) of
title 49 for rail projects, the following provisions of law shall
apply to funds made available under this chapter and projects
assisted with those funds:
``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(B) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(2) NEPA.--No funding shall be obligated for a project that
has not received an environmental categorical exclusion, a finding
of no significant impact, or a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Application Processing Procedures.--
``(1) Notice of complete application.--Not later than 30 days
after the date of receipt of an application under this section, the
Secretary shall provide to the applicant a written notice to inform
the applicant whether--
``(A) the application is complete; or
``(B) additional information or materials are needed to
complete the application.
``(2) Approval or denial of application.--Not later than 60
days after the date of issuance of the written notice under
paragraph (1), the Secretary shall provide to the applicant a
written notice informing the applicant whether the Secretary has
approved or disapproved the application.
``(e) Development Phase Activities.--Any credit instrument secured
under this chapter may be used to finance up to 100 percent of the cost
of development phase activities as described in section 601(a)(1)(A).
``Sec. 603. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) and (3), the
Secretary may enter into agreements with 1 or more obligors to make
secured loans, the proceeds of which shall be used--
``(A) to finance eligible project costs of any project
selected under section 602;
``(B) to refinance interim construction financing of
eligible project costs of any project selected under section
602;
``(C) to refinance existing Federal credit instruments for
rural infrastructure projects; or
``(D) to refinance long-term project obligations or Federal
credit instruments, if the refinancing provides additional
funding capacity for the completion, enhancement, or expansion
of any project that--
``(i) is selected under section 602; or
``(ii) otherwise meets the requirements of section 602.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance interim
construction financing under paragraph (1)(B) later than 1 year
after the date of substantial completion of the project.
``(3) Risk assessment.--Before entering into an agreement under
this subsection, the Secretary, in consultation with the Director
of the Office of Management and Budget, shall determine an
appropriate capital reserve subsidy amount for each secured loan,
taking into account each rating letter provided by an agency under
section 602(b)(3)(B).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary
determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan under this
section shall not exceed the lesser of 49 percent of the reasonably
anticipated eligible project costs or if the secured loan does not
receive an investment grade rating, the amount of the senior
project obligations.
``(3) Payment.--A secured loan under this section--
``(A) shall--
``(i) be payable, in whole or in part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to the obligor under a
public-private partnership; or
``(IV) other dedicated revenue sources that also
secure the senior project obligations; and
``(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and
``(B) may have a lien on revenues described in subparagraph
(A), subject to any lien securing project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the interest rate on a secured loan under this section
shall be not less than the yield on United States Treasury
securities of a similar maturity to the maturity of the secured
loan on the date of execution of the loan agreement.
``(B) Rural infrastructure projects.--
``(i) In general.--The interest rate of a loan offered
to a rural infrastructure project under this chapter shall
be at \1/2\ of the Treasury Rate in effect on the date of
execution of the loan agreement.
``(ii) Application.--The rate described in clause (i)
shall only apply to any portion of a loan the subsidy cost
of which is funded by amounts set aside for rural
infrastructure projects under section 608(a)(3)(A).
``(C) Limited buydowns.--The interest rate of a secured
loan under this section may not be lowered by more than the
lower of--
``(i) 1\1/2\ percentage points (150 basis points); or
``(ii) the amount of the increase in the interest rate.
``(5) Maturity date.--The final maturity date of the secured
loan shall be the lesser of--
``(A) 35 years after the date of substantial completion of
the project; and
``(B) if the useful life of the capital asset being
financed is of a lesser period, the useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in subparagraph (B),
the secured loan shall not be subordinated to the claims of any
holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) In general.--The Secretary shall waive the
requirement under subparagraph (A) for a public agency
borrower that is financing ongoing capital programs and has
outstanding senior bonds under a preexisting indenture,
if--
``(I) the secured loan is rated in the A category
or higher;
``(II) the secured loan is secured and payable from
pledged revenues not affected by project performance,
such as a tax-backed revenue pledge or a system-backed
pledge of project revenues; and
``(III) the TIFIA program share of eligible project
costs is 33 percent or less.
``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--
``(I) the maximum credit subsidy to be paid by the
Federal Government shall be not more than 10 percent of
the principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying
the remainder of the subsidy cost, if any.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
``(8) Non-federal share.--The proceeds of a secured loan under
this chapter may be used for any non-Federal share of project costs
required under this title or chapter 53 of title 49, if the loan is
repayable from non-Federal funds.
``(9) Maximum federal involvement.--The total Federal
assistance provided on a project receiving a loan under this
chapter shall not exceed 80 percent of the total project cost.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on--
``(A) the projected cash flow from project revenues and
other repayment sources; and
``(B) the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal or
interest on a secured loan under this section shall commence not
later than 5 years after the date of substantial completion of the
project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after the date of
substantial completion of the project, the project is unable to
generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the obligor
to add unpaid principal and interest to the outstanding balance
of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining
term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the project meeting
criteria established by the Secretary.
``(ii) Repayment standards.--The criteria established
pursuant to clause (i) shall include standards for
reasonable assurance of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements on
the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity or
reoffer into the capital markets a secured loan for the project if
the Secretary determines that the sale or reoffering can be made on
favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering under
paragraph (1), the Secretary may not change the original terms and
conditions of the secured loan without the written consent of the
obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan guarantee
to a lender in lieu of making a secured loan under this section if
the Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured loan.
``(2) Terms.--The terms of a loan guarantee under paragraph (1)
shall be consistent with the terms required under this section for
a secured loan, except that the rate on the guaranteed loan and any
prepayment features shall be negotiated between the obligor and the
lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4), the
Secretary may enter into agreements to make available to 1 or more
obligors lines of credit in the form of direct loans to be made by
the Secretary at future dates on the occurrence of certain events
for any project selected under section 602.
``(2) Use of proceeds.--The proceeds of a line of credit made
available under this section shall be available to pay debt service
on project obligations issued to finance eligible project costs,
extraordinary repair and replacement costs, operation and
maintenance expenses, and costs associated with unexpected Federal
or State environmental restrictions.
``(3) Risk assessment.--Before entering into an agreement under
this subsection, the Secretary, in consultation with the Director
of the Office of Management and Budget and each rating agency
providing a preliminary rating opinion letter under section
602(b)(3), shall determine an appropriate capital reserve subsidy
amount for each line of credit, taking into account the rating
opinion letter.
``(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent on the senior
obligations of the project receiving an investment-grade rating
from 2 rating agencies.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary
determines to be appropriate.
``(2) Maximum amounts.--The total amount of a line of credit
under this section shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Draws.--Any draw on a line of credit under this section
shall--
``(A) represent a direct loan; and
``(B) be made only if net revenues from the project
(including capitalized interest, but not including reasonably
required financing reserves) are insufficient to pay the costs
specified in subsection (a)(2).
``(4) Interest rate.--Except as provided in subparagraphs (B)
and (C) of section 603(b)(4), the interest rate on a direct loan
resulting from a draw on the line of credit shall be not less than
the yield on 30-year United States Treasury securities, as of the
date of execution of the line of credit agreement.
``(5) Security.--A line of credit issued under this section--
``(A) shall--
``(i) be payable, in whole or in part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to the obligor under a
public-private partnership; or
``(IV) other dedicated revenue sources that also
secure the senior project obligations; and
``(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and
``(B) may have a lien on revenues described in subparagraph
(A), subject to any lien securing project obligations.
``(6) Period of availability.--The full amount of a line of
credit under this section, to the extent not drawn upon, shall be
available during the 10-year period beginning on the date of
substantial completion of the project.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party creditor
of the obligor shall not have any right against the Federal
Government with respect to any draw on a line of credit under
this section.
``(B) Assignment.--An obligor may assign a line of credit
under this section to--
``(i) 1 or more lenders; or
``(ii) a trustee on the behalf of such a lender.
``(8) Nonsubordination.--
``(A) In general.--Except as provided in subparagraph (B),
a direct loan under this section shall not be subordinated to
the claims of any holder of project obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall waive the
requirement of subparagraph (A) for a public agency
borrower that is financing ongoing capital programs and has
outstanding senior bonds under a preexisting indenture,
if--
``(I) the line of credit is rated in the A category
or higher;
``(II) the TIFIA program loan resulting from a draw
on the line of credit is payable from pledged revenues
not affected by project performance, such as a tax-
backed revenue pledge or a system-backed pledge of
project revenues; and
``(III) the TIFIA program share of eligible project
costs is 33 percent or less.
``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--
``(I) the maximum credit subsidy to be paid by the
Federal Government shall be not more than 10 percent of
the principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying
the remainder of the subsidy cost.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall not
receive a secured loan or loan guarantee under section 603 in an
amount that, combined with the amount of the line of credit,
exceeds 49 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under this
section based on--
``(A) the projected cash flow from project revenues and
other repayment sources; and
``(B) the useful life of the asset being financed.
``(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled--
``(A) to commence not later than 5 years after the end of
the period of availability specified in subsection (b)(6); and
``(B) to conclude, with full repayment of principal and
interest, by the date that is 25 years after the end of the
period of availability specified in subsection (b)(6).
``Sec. 605. Program administration
``(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instruments made available under this
chapter.
``(b) Fees.--The Secretary may collect and spend fees, contingent
on authority being provided in appropriations Acts, at a level that is
sufficient to cover--
``(1) the costs of services of expert firms retained pursuant
to subsection (d); and
``(2) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial entity
to assist the Secretary in servicing the Federal credit
instruments.
``(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in the underwriting and servicing of
Federal credit instruments.
``(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under this
chapter.
``Sec. 606. State and local permits
``The provision of credit assistance under this chapter with
respect to a project shall not--
``(1) relieve any recipient of the assistance of any obligation
to obtain any required State or local permit or approval with
respect to the project;
``(2) limit the right of any unit of State or local government
to approve or regulate any rate of return on private equity
invested in the project; or
``(3) otherwise supersede any State or local law (including any
regulation) applicable to the construction or operation of the
project.
``Sec. 607. Regulations
``The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out this chapter.
``Sec. 608. Funding
``(a) Funding.--
``(1) Spending and borrowing authority.--Spending and borrowing
authority for a fiscal year to enter into Federal credit
instruments shall be promptly apportioned to the Secretary on a
fiscal-year basis.
``(2) Reestimates.--If the subsidy cost of a Federal credit
instrument is reestimated, the cost increase or decrease of the
reestimate shall be borne by, or benefit, the general fund of the
Treasury, consistent with section 504(f) the Congressional Budget
Act of 1974 (2 U.S.C. 661c(f)).
``(3) Rural set-aside.--
``(A) In general.--Of the total amount of funds made
available to carry out this chapter for each fiscal year, not
more than 10 percent shall be set aside for rural
infrastructure projects.
``(B) Reobligation.--Any amounts set aside under
subparagraph (A) that remain unobligated by June 1 of the
fiscal year for which the amounts were set aside shall be
available for obligation by the Secretary on projects other
than rural infrastructure projects.
``(4) Redistribution of authorized funding.--
``(A) In general.--Beginning in fiscal year 2014, on April
1 of each fiscal year, if the cumulative unobligated and
uncommitted balance of funding available exceeds 75 percent of
the amount made available to carry out this chapter for that
fiscal year, the Secretary shall distribute to the States the
amount of funds and associated obligation authority in excess
of that amount.
``(B) Distribution.--The amounts and obligation authority
distributed under this paragraph shall be distributed, in the
same manner as obligation authority is distributed to the
States for the fiscal year, based on the proportion that--
``(i) the relative share of each State of obligation
authority for the fiscal year; bears to
``(ii) the total amount of obligation authority
distributed to all States for the fiscal year.
``(C) Purpose.--Funds distributed under subparagraph (B)
shall be available for any purpose described in section 133(b).
``(5) Availability.--Amounts made available to carry out this
chapter shall remain available until expended.
``(6) Administrative costs.--Of the amounts made available to
carry out this chapter, the Secretary may use not more than 0.50
percent for each fiscal year for the administration of this
chapter.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of law,
execution of a term sheet by the Secretary of a Federal credit
instrument that uses amounts made available under this chapter
shall impose on the United States a contractual obligation to fund
the Federal credit investment.
``(2) Availability.--Amounts made available to carry out this
chapter for a fiscal year shall be available for obligation on
October 1 of the fiscal year.
``Sec. 609. Reports to Congress
``(a) In General.--On June 1, 2012, and every 2 years thereafter,
the Secretary shall submit to Congress a report summarizing the
financial performance of the projects that are receiving, or have
received, assistance under this chapter (other than section 610),
including a recommendation as to whether the objectives of this chapter
(other than section 610) are best served by--
``(1) continuing the program under the authority of the
Secretary;
``(2) establishing a Federal corporation or federally sponsored
enterprise to administer the program; or
``(3) phasing out the program and relying on the capital
markets to fund the types of infrastructure investments assisted by
this chapter (other than section 610) without Federal
participation.
``(b) Application Process Report.--
``(1) In general.--Not later than December 1, 2012, and
annually thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report that includes a list of all of the letters of interest and
applications received from project sponsors for assistance under
this chapter (other than section 610) during the preceding fiscal
year.
``(2) Inclusions.--
``(A) In general.--Each report under paragraph (1) shall
include, at a minimum, a description of, with respect to each
letter of interest and application included in the report--
``(i) the date on which the letter of interest or
application was received;
``(ii) the date on which a notification was provided to
the project sponsor regarding whether the application was
complete or incomplete;
``(iii) the date on which a revised and completed
application was submitted (if applicable);
``(iv) the date on which a notification was provided to
the project sponsor regarding whether the project was
approved or disapproved; and
``(v) if the project was not approved, the reason for
the disapproval.
``(B) Correspondence.--Each report under paragraph (1)
shall include copies of any correspondence provided to the
project sponsor in accordance with section 602(d).''.
DIVISION B--PUBLIC TRANSPORTATION
SEC. 20001. SHORT TITLE.
This division may be cited as the ``Federal Public Transportation
Act of 2012''.
SEC. 20002. REPEALS.
(a) Chapter 53.--Chapter 53 of title 49, United States Code, is
amended by striking sections 5308, 5316, 5317, 5320, and 5328.
(b) Transportation Equity Act for the 21st Century.--Section 3038
of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310
note) is repealed.
(c) SAFETEA-LU.--The following provisions are repealed:
(1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119 Stat.
1572).
(2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
(3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
(4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
(5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).
SEC. 20003. POLICIES AND PURPOSES.
Section 5301 of title 49, United States Code, is amended to read as
follows:
``Sec. 5301. Policies and purposes
``(a) Declaration of Policy.--It is in the interest of the United
States, including the economic interest of the United States, to foster
the development and revitalization of public transportation systems
with the cooperation of both public transportation companies and
private companies engaged in public transportation.
``(b) General Purposes.--The purposes of this chapter are to--
``(1) provide funding to support public transportation;
``(2) improve the development and delivery of capital projects;
``(3) establish standards for the state of good repair of
public transportation infrastructure and vehicles;
``(4) promote continuing, cooperative, and comprehensive
planning that improves the performance of the transportation
network;
``(5) establish a technical assistance program to assist
recipients under this chapter to more effectively and efficiently
provide public transportation service;
``(6) continue Federal support for public transportation
providers to deliver high quality service to all users, including
individuals with disabilities, seniors, and individuals who depend
on public transportation;
``(7) support research, development, demonstration, and
deployment projects dedicated to assisting in the delivery of
efficient and effective public transportation service; and
``(8) promote the development of the public transportation
workforce.''.
SEC. 20004. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended to read as
follows:
``Sec. 5302. Definitions
``Except as otherwise specifically provided, in this chapter the
following definitions apply:
``(1) Associated transit improvement.--The term `associated
transit improvement' means, with respect to any project or an area
to be served by a project, projects that are designed to enhance
public transportation service or use and that are physically or
functionally related to transit facilities. Eligible projects are--
``(A) historic preservation, rehabilitation, and operation
of historic public transportation buildings, structures, and
facilities (including historic bus and railroad facilities)
intended for use in public transportation service;
``(B) bus shelters;
``(C) landscaping and streetscaping, including benches,
trash receptacles, and street lights;
``(D) pedestrian access and walkways;
``(E) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on public
transportation vehicles;
``(F) signage; or
``(G) enhanced access for persons with disabilities to
public transportation.
``(2) Bus rapid transit system.--The term `bus rapid transit
system' means a bus transit system--
``(A) in which the majority of each line operates in a
separated right-of-way dedicated for public transportation use
during peak periods; and
``(B) that includes features that emulate the services
provided by rail fixed guideway public transportation systems,
including--
``(i) defined stations;
``(ii) traffic signal priority for public
transportation vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine
are necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(3) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in public transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, mapping,
and acquiring rights-of-way), payments for the capital portions
of rail trackage rights agreements, transit-related intelligent
transportation systems, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in public
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that are
more cost-effective than purchase or construction;
``(G) a joint development improvement that--
``(i) enhances economic development or incorporates
private investment, such as commercial and residential
development;
``(ii)(I) enhances the effectiveness of public
transportation and is related physically or functionally to
public transportation; or
``(II) establishes new or enhanced coordination between
public transportation and other transportation;
``(iii) provides a fair share of revenue that will be
used for public transportation;
``(iv) provides that a person making an agreement to
occupy space in a facility constructed under this paragraph
shall pay a fair share of the costs of the facility through
rental payments and other means;
``(v) may include--
``(I) property acquisition;
``(II) demolition of existing structures;
``(III) site preparation;
``(IV) utilities;
``(V) building foundations;
``(VI) walkways;
``(VII) pedestrian and bicycle access to a public
transportation facility;
``(VIII) construction, renovation, and improvement
of intercity bus and intercity rail stations and
terminals;
``(IX) renovation and improvement of historic
transportation facilities;
``(X) open space;
``(XI) safety and security equipment and facilities
(including lighting, surveillance, and related
intelligent transportation system applications);
``(XII) facilities that incorporate community
services such as daycare or health care;
``(XIII) a capital project for, and improving,
equipment or a facility for an intermodal transfer
facility or transportation mall; and
``(XIV) construction of space for commercial uses;
and
``(vi) does not include outfitting of commercial space
(other than an intercity bus or rail station or terminal)
or a part of a public facility not related to public
transportation;
``(H) the introduction of new technology, through
innovative and improved products, into public transportation;
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but
only for grant recipients that are in compliance with
applicable requirements of that Act, including both fixed route
and demand responsive service, and only for amounts not to
exceed 10 percent of such recipient's annual formula
apportionment under sections 5307 and 5311;
``(J) establishing a debt service reserve, made up of
deposits with a bondholder's trustee, to ensure the timely
payment of principal and interest on bonds issued by a grant
recipient to finance an eligible project under this chapter;
``(K) mobility management--
``(i) consisting of short-range planning and management
activities and projects for improving coordination among
public transportation and other transportation service
providers carried out by a recipient or subrecipient
through an agreement entered into with a person, including
a governmental entity, under this chapter (other than
section 5309); but
``(ii) excluding operating public transportation
services; or
``(L) associated capital maintenance, including--
``(i) equipment, tires, tubes, and material, each
costing at least .5 percent of the current fair market
value of rolling stock comparable to the rolling stock for
which the equipment, tires, tubes, and material are to be
used; and
``(ii) reconstruction of equipment and material, each
of which after reconstruction will have a fair market value
of at least .5 percent of the current fair market value of
rolling stock comparable to the rolling stock for which the
equipment and material will be used.
``(4) Designated recipient.--The term `designated recipient'
means--
``(A) an entity designated, in accordance with the planning
process under sections 5303 and 5304, by the Governor of a
State, responsible local officials, and publicly owned
operators of public transportation, to receive and apportion
amounts under section 5336 to urbanized areas of 200,000 or
more in population; or
``(B) a State or regional authority, if the authority is
responsible under the laws of a State for a capital project and
for financing and directly providing public transportation.
``(5) Disability.--The term `disability' has the same meaning
as in section 3(1) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102).
``(6) Emergency regulation.--The term `emergency regulation'
means a regulation--
``(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(c); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the regulation--
``(i) would injure seriously an important public
interest;
``(ii) would frustrate substantially legislative policy
and intent; or
``(iii) would damage seriously a person or class
without serving an important public interest.
``(7) Fixed guideway.--The term `fixed guideway' means a public
transportation facility--
``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(8) Governor.--The term `Governor'--
``(A) means the Governor of a State, the mayor of the
District of Columbia, and the chief executive officer of a
territory of the United States; and
``(B) includes the designee of the Governor.
``(9) Job access and reverse commute project.--
``(A) In general.--The term `job access and reverse commute
project' means a transportation project to finance planning,
capital, and operating costs that support the development and
maintenance of transportation services designed to transport
welfare recipients and eligible low-income individuals to and
from jobs and activities related to their employment, including
transportation projects that facilitate the provision of public
transportation services from urbanized areas and rural areas to
suburban employment locations.
``(B) Definitions.--In this paragraph:
``(i) Eligible low-income individual.--The term
`eligible low-income individual' means an individual whose
family income is at or below 150 percent of the poverty
line (as that term is defined in section 673(2) of the
Community Service Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that section) for a
family of the size involved.
``(ii) Welfare recipient.--The term `welfare recipient'
means an individual who has received assistance under a
State or tribal program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.) at any time
during the 3-year period before the date on which the
applicant applies for a grant under section 5307 or 5311.
``(10) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(11) Low-income individual.--The term `low-income individual'
means an individual whose family income is at or below 150 percent
of the poverty line, as that term is defined in section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that section, for a family of
the size involved.
``(12) Net project cost.--The term `net project cost' means the
part of a project that reasonably cannot be financed from revenues.
``(13) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in public transportation in
the United States before the date of production of the model;
or
``(B) used in public transportation in the United States,
but being produced with a major change in configuration or
components.
``(14) Public transportation.--The term `public
transportation'--
``(A) means regular, continuing shared-ride surface
transportation services that are open to the general public or
open to a segment of the general public defined by age,
disability, or low income; and
``(B) does not include--
``(i) intercity passenger rail transportation provided
by the entity described in chapter 243 (or a successor to
such entity);
``(ii) intercity bus service;
``(iii) charter bus service;
``(iv) school bus service;
``(v) sightseeing service;
``(vi) courtesy shuttle service for patrons of one or
more specific establishments; or
``(vii) intra-terminal or intra-facility shuttle
services.
``(15) Regulation.--The term `regulation' means any part of a
statement of general or particular applicability of the Secretary
designed to carry out, interpret, or prescribe law or policy in
carrying out this chapter.
``(16) Rural area.--The term `rural area' means an area
encompassing a population of less than 50,000 people that has not
been designated in the most recent decennial census as an
`urbanized area' by the Secretary of Commerce.
``(17) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(18) Senior.--The term `senior' means an individual who is 65
years of age or older.
``(19) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
``(20) State of good repair.--The term `state of good repair'
has the meaning given that term by the Secretary, by rule, under
section 5326(b).
``(21) Transit.--The term `transit' means public
transportation.
``(22) Urban area.--The term `urban area' means an area that
includes a municipality or other built-up place that the Secretary,
after considering local patterns and trends of urban growth,
decides is appropriate for a local public transportation system to
serve individuals in the locality.
``(23) Urbanized area.--The term `urbanized area' means an area
encompassing a population of not less than 50,000 people that has
been defined and designated in the most recent decennial census as
an `urbanized area' by the Secretary of Commerce.''.
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.
(a) Amendment.--Section 5303 of title 49, United States Code, is
amended to read as follows:
``Sec. 5303. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation
systems that will serve the mobility needs of people and freight
and foster economic growth and development within and between
States and urbanized areas, while minimizing transportation-related
fuel consumption and air pollution through metropolitan and
statewide transportation planning processes identified in this
chapter; and
``(2) to encourage the continued improvement and evolution of
the metropolitan and statewide transportation planning processes by
metropolitan planning organizations, State departments of
transportation, and public transit operators as guided by the
planning factors identified in subsection (h) and section 5304(d).
``(b) Definitions.--In this section and section 5304, the following
definitions apply:
``(1) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by agreement
between the metropolitan planning organization for the area and the
Governor under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board of an
organization established as a result of the designation process
under subsection (d).
``(3) Nonmetropolitan area.--The term `nonmetropolitan area'
means a geographic area outside designated metropolitan planning
areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and appointed
officials of general purpose local government in a nonmetropolitan
area with responsibility for transportation.
``(5) Regional transportation planning organization.--The term
`regional transportation planning organization' means a policy
board of an organization established as the result of a designation
under section 5304(l).
``(6) TIP.--The term `TIP' means a transportation improvement
program developed by a metropolitan planning organization under
subsection (j).
``(7) Urbanized area.--The term `urbanized area' means a
geographic area with a population of 50,000 or more, as determined
by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To accomplish
the objectives in subsection (a), metropolitan planning
organizations designated under subsection (d), in cooperation with
the State and public transportation operators, shall develop long-
range transportation plans and transportation improvement programs
through a performance-driven, outcome-based approach to planning
for metropolitan areas of the State.
``(2) Contents.--The plans and TIPs for each metropolitan area
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part
of an intermodal transportation system for the State and the United
States.
``(3) Process of development.--The process for developing the
plans and TIPs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems to be addressed.
``(d) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the affected population (including the
largest incorporated city (based on population) as determined
by the Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Not later than 2 years after the date of
enactment of the Federal Public Transportation Act of 2012, each
metropolitan planning organization that serves an area designated
as a transportation management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan area,
including representation by providers of public transportation;
and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities--
``(A) to develop the plans and TIPs for adoption by a
metropolitan planning organization; and
``(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
``(4) Continuing designation.--A designation of a metropolitan
planning organization under this subsection or any other provision
of law shall remain in effect until the metropolitan planning
organization is redesignated under paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning organization may
be redesignated by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the existing planning area population
(including the largest incorporated city (based on population)
as determined by the Bureau of the Census) as appropriate to
carry out this section.
``(B) Restructuring.--A metropolitan planning organization
may be restructured to meet the requirements of paragraph (2)
without undertaking a redesignation.
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization may
be designated within an existing metropolitan planning area only if
the Governor and the existing metropolitan planning organization
determine that the size and complexity of the existing metropolitan
planning area make designation of more than 1 metropolitan planning
organization for the area appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organization and the
Governor.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period for the transportation plan; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as defined
by the Bureau of the Census.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the existing
metropolitan planning organization.
``(4) Existing metropolitan planning areas in nonattainment.--
``(A) In general.--Notwithstanding paragraph (2), except as
provided in subparagraph (B), in the case of an urbanized area
designated as a nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date
of enactment of the SAFETEA-LU, the boundaries of the
metropolitan planning area in existence as of such date of
enactment shall be retained.
``(B) Exception.--The boundaries described in subparagraph
(A) may be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner described in
subsection (d)(5).
``(5) New metropolitan planning areas in nonattainment.--In the
case of an urbanized area designated after the date of enactment of
the SAFETEA-LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning area--
``(A) shall be established in the manner described in
subsection (d)(1);
``(B) shall encompass the areas described in paragraph
(2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified under
the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon
monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each Governor
with responsibility for a portion of a multistate metropolitan area
and the appropriate metropolitan planning organizations to provide
coordinated transportation planning for the entire metropolitan
area.
``(2) Interstate compacts.--The consent of Congress is granted
to any 2 or more States--
``(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under
this section as the activities pertain to interstate areas and
localities within the States; and
``(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements
and compacts effective.
``(3) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan area or
an area which is designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.),
each metropolitan planning organization shall consult with the
other metropolitan planning organizations designated for such area
and the State in the coordination of plans and TIPs required by
this section.
``(2) Transportation improvements located in multiple mpos.--If
a transportation improvement, funded under this chapter or title
23, is located within the boundaries of more than 1 metropolitan
planning area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
local planned growth, economic development, environmental
protection, airport operations, and freight movements) or to
coordinate its planning process, to the maximum extent
practicable, with such planning activities.
``(B) Requirements.--Under the metropolitan planning
process, transportation plans and TIPs shall be developed with
due consideration of other related planning activities within
the metropolitan area, and the process shall provide for the
design and delivery of transportation services within the
metropolitan area that are provided by--
``(i) recipients of assistance under this chapter;
``(ii) governmental agencies and nonprofit
organizations (including representatives of the agencies
and organizations) that receive Federal assistance from a
source other than the Department of Transportation to
provide nonemergency transportation services; and
``(iii) recipients of assistance under section 204 of
title 23.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of people and
for freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
``(G) promote efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking to
support the national goals described in section 150(b) of title
23 and the general purposes described in section 5301.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--
``(I) In general.--Each metropolitan planning
organization shall establish performance targets that
address the performance measures described in section
150(c) of title 23, where applicable, to use in
tracking progress towards attainment of critical
outcomes for the region of the metropolitan planning
organization.
``(II) Coordination.--Selection of performance
targets by a metropolitan planning organization shall
be coordinated with the relevant State to ensure
consistency, to the maximum extent practicable.
``(ii) Public transportation performance targets.--
Selection of performance targets by a metropolitan planning
organization shall be coordinated, to the maximum extent
practicable, with providers of public transportation to
ensure consistency with sections 5326(c) and 5329(d).
``(C) Timing.--Each metropolitan planning organization
shall establish the performance targets under subparagraph (B)
not later than 180 days after the date on which the relevant
State or provider of public transportation establishes the
performance targets.
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets described in other State transportation plans and
transportation processes, as well as any plans developed by
recipients of assistance under this chapter, required as part
of a performance-based program.
``(3) Failure to consider factors.--The failure to consider any
factor specified in paragraphs (1) and (2) shall not be reviewable
by any court under this chapter, title 23, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or the
certification of a planning process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan planning organization
shall prepare and update a transportation plan for its
metropolitan planning area in accordance with the requirements
of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan planning
organization shall prepare and update such plan every 4
years (or more frequently, if the metropolitan planning
organization elects to update more frequently) in the case
of each of the following:
``(I) Any area designated as nonattainment, as
defined in section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)).
``(II) Any area that was nonattainment and
subsequently designated to attainment in accordance
with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance plan
under section 175A of that Act (42 U.S.C. 7505a).
``(ii) Other areas.--In the case of any other area
required to have a transportation plan in accordance with
the requirements of this subsection, the metropolitan
planning organization shall prepare and update such plan
every 5 years unless the metropolitan planning organization
elects to update more frequently.
``(2) Transportation plan.--A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
``(A) Identification of transportation facilities.--
``(i) In general.--An identification of transportation
facilities (including major roadways, transit, multimodal
and intermodal facilities, nonmotorized transportation
facilities, and intermodal connectors) that should function
as an integrated metropolitan transportation system, giving
emphasis to those facilities that serve important national
and regional transportation functions.
``(ii) Factors.--In formulating the transportation
plan, the metropolitan planning organization shall consider
factors described in subsection (h) as the factors relate
to a 20-year forecast period.
``(B) Performance measures and targets.--A description of
the performance measures and performance targets used in
assessing the performance of the transportation system in
accordance with subsection (h)(2).
``(C) System performance report.--A system performance
report and subsequent updates evaluating the condition and
performance of the transportation system with respect to the
performance targets described in subsection (h)(2), including--
``(i) progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous
reports; and
``(ii) for metropolitan planning organizations that
voluntarily elect to develop multiple scenarios, an
analysis of how the preferred scenario has improved the
conditions and performance of the transportation system and
how changes in local policies and investments have impacted
the costs necessary to achieve the identified performance
targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range transportation plan
shall include a discussion of types of potential
environmental mitigation activities and potential areas to
carry out these activities, including activities that may
have the greatest potential to restore and maintain the
environmental functions affected by the plan.
``(ii) Consultation.--The discussion shall be developed
in consultation with Federal, State, and tribal wildlife,
land management, and regulatory agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan that--
``(I) demonstrates how the adopted transportation
plan can be implemented;
``(II) indicates resources from public and private
sources that are reasonably expected to be made
available to carry out the plan; and
``(III) recommends any additional financing
strategies for needed projects and programs.
``(ii) Inclusions.--The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted transportation plan if reasonable
additional resources beyond those identified in the
financial plan were available.
``(iii) Cooperative development.--For the purpose of
developing the transportation plan, the metropolitan
planning organization, transit operator, and State shall
cooperatively develop estimates of funds that will be
available to support plan implementation.
``(F) Operational and management strategies.--Operational
and management strategies to improve the performance of
existing transportation facilities to relieve vehicular
congestion and maximize the safety and mobility of people and
goods.
``(G) Capital investment and other strategies.--Capital
investment and other strategies to preserve the existing and
projected future metropolitan transportation infrastructure and
provide for multimodal capacity increases based on regional
priorities and needs.
``(H) Transportation and transit enhancement activities.--
Proposed transportation and transit enhancement activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization shall coordinate the development
of a transportation plan with the process for development of the
transportation control measures of the State implementation plan
required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning organization
may, while fitting the needs and complexity of its community,
voluntarily elect to develop multiple scenarios for
consideration as part of the development of the metropolitan
transportation plan, in accordance with subparagraph (B).
``(B) Recommended components.--A metropolitan planning
organization that chooses to develop multiple scenarios under
subparagraph (A) shall be encouraged to consider--
``(i) potential regional investment strategies for the
planning horizon;
``(ii) assumed distribution of population and
employment;
``(iii) a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection (h)(2);
``(iv) a scenario that improves the baseline conditions
for as many of the performance measures identified in
subsection (h)(2) as possible;
``(v) revenue constrained scenarios based on the total
revenues expected to be available over the forecast period
of the plan; and
``(vi) estimated costs and potential revenues available
to support each scenario.
``(C) Metrics.--In addition to the performance measures
identified in section 150(c) of title 23, metropolitan planning
organizations may evaluate scenarios developed under this
paragraph using locally-developed measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible for land
use management, natural resources, environmental protection,
conservation, and historic preservation concerning the
development of a long-range transportation plan.
``(B) Issues.--The consultation shall involve, as
appropriate--
``(i) comparison of transportation plans with State
conservation plans or maps, if available; or
``(ii) comparison of transportation plans to
inventories of natural or historic resources, if available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transportation, representatives of users of pedestrian walkways
and bicycle transportation facilities, representatives of the
disabled, and other interested parties with a reasonable
opportunity to comment on the transportation plan.
``(B) Contents of participation plan.--A participation
plan--
``(i) shall be developed in consultation with all
interested parties; and
``(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents of the
transportation plan.
``(C) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum extent
practicable--
``(i) hold any public meetings at convenient and
accessible locations and times;
``(ii) employ visualization techniques to describe
plans; and
``(iii) make public information available in
electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information under
subparagraph (A).
``(7) Publication.--A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in
electronically accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization and
submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or metropolitan planning
organization shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the State and any
affected public transportation operator, the metropolitan
planning organization designated for a metropolitan area shall
develop a TIP for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established
in the current metropolitan transportation plan; and
``(iii) once implemented, is designed to make progress
toward achieving the performance targets established under
subsection (h)(2).
``(B) Opportunity for comment.--In developing the TIP, the
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with
subsection (i)(5).
``(C) Funding estimates.--For the purpose of developing the
TIP, the metropolitan planning organization, public
transportation agency, and State shall cooperatively develop
estimates of funds that are reasonably expected to be available
to support program implementation.
``(D) Updating and approval.--The TIP shall be--
``(i) updated at least once every 4 years; and
``(ii) approved by the metropolitan planning
organization and the Governor.
``(2) Contents.--
``(A) Priority list.--The TIP shall include a priority list
of proposed Federally supported projects and strategies to be
carried out within each 4-year period after the initial
adoption of the TIP.
``(B) Financial plan.--The TIP shall include a financial
plan that--
``(i) demonstrates how the TIP can be implemented;
``(ii) indicates resources from public and private
sources that are reasonably expected to be available to
carry out the program;
``(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the approved
TIP if reasonable additional resources beyond those
identified in the financial plan were available.
``(C) Descriptions.--Each project in the TIP shall include
sufficient descriptive material (such as type of work, termini,
length, and other similar factors) to identify the project or
phase of the project.
``(D) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program toward achieving the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(3) Included projects.--
``(A) Projects under this chapter and title 23.--A TIP
developed under this subsection for a metropolitan area shall
include the projects within the area that are proposed for
funding under this chapter and chapter 1 of title 23.
``(B) Projects under chapter 2 of title 23.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
of title 23 shall be identified individually in the
transportation improvement program.
``(ii) Other projects.--Projects proposed for funding
under chapter 2 of title 23 that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually in the transportation improvement
program.
``(C) Consistency with long-range transportation plan.--
Each project shall be consistent with the long-range
transportation plan developed under subsection (i) for the
area.
``(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project or the identified phase within the
time period contemplated for completion of the project or the
identified phase.
``(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with the State
and any affected public transportation operator, shall provide an
opportunity for participation by interested parties in the
development of the program, in accordance with subsection (i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally funded
projects in metropolitan areas shall be carried out, from the
approved TIP--
``(i) by--
``(I) in the case of projects under title 23, the
State; and
``(II) in the case of projects under this chapter,
the designated recipients of public transportation
funding; and
``(ii) in cooperation with the metropolitan planning
organization.
``(B) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved TIP
in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding paragraph
(2)(B)(iv), a State or metropolitan planning organization shall
not be required to select any project from the illustrative
list of additional projects included in the financial plan
under paragraph (2)(B)(iv).
``(B) Required action by the secretary.--Action by the
Secretary shall be required for a State or metropolitan
planning organization to select any project from the
illustrative list of additional projects included in the
financial plan under paragraph (2)(B)(iv) for inclusion in an
approved TIP.
``(7) Publication.--
``(A) Publication of tips.--A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review.
``(B) Publication of annual listings of projects.--
``(i) In general.--An annual listing of projects,
including investments in pedestrian walkways and bicycle
transportation facilities, for which Federal funds have
been obligated in the preceding year shall be published or
otherwise made available by the cooperative effort of the
State, transit operator, and metropolitan planning
organization for public review.
``(ii) Requirement.--The listing shall be consistent
with the categories identified in the TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The Secretary shall
identify as a transportation management area each urbanized
area (as defined by the Bureau of the Census) with a population
of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation management
area on the request of the Governor and the metropolitan
planning organization designated for the area.
``(2) Transportation plans.--In a transportation management
area, transportation plans shall be based on a continuing and
comprehensive transportation planning process carried out by the
metropolitan planning organization in cooperation with the State
and public transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under this
chapter and title 23 through the use of travel demand reduction
and operational management strategies.
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than 1 year after
the identification of a transportation management area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under title 23
(excluding projects carried out on the National Highway System)
or under this chapter shall be selected for implementation from
the approved TIP by the metropolitan planning organization
designated for the area in consultation with the State and any
affected public transportation operator.
``(B) National highway system projects.--Projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area on the National
Highway System shall be selected for implementation from the
approved TIP by the State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning process of
a metropolitan planning organization serving a
transportation management area is being carried out in
accordance with applicable provisions of Federal law; and
``(ii) subject to subparagraph (B), certify, not less
often than once every 4 years, that the requirements of
this paragraph are met with respect to the metropolitan
planning process.
``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
``(i) the transportation planning process complies with
the requirements of this section and other applicable
requirements of Federal law; and
``(ii) there is a TIP for the metropolitan planning
area that has been approved by the metropolitan planning
organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--If a metropolitan
planning process of a metropolitan planning organization
serving a transportation management area is not certified,
the Secretary may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded
under this chapter and title 23.
``(ii) Restoration of withheld funds.--The withheld
funds shall be restored to the metropolitan planning area
at such time as the metropolitan planning process is
certified by the Secretary.
``(D) Review of certification.--In making certification
determinations under this paragraph, the Secretary shall
provide for public involvement appropriate to the metropolitan
area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to Congress a
report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this
subsection
``(2) Report.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall submit to Congress a report evaluating--
``(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
``(B) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section;
``(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance targets
specified under this section and whether metropolitan planning
organizations are developing meaningful performance targets;
and
``(D) the technical capacity of metropolitan planning
organizations that operate within a metropolitan planning area
of less than 200,000 and their ability to carry out the
requirements of this section.
``(3) Publication.--The report under paragraph (2) shall be
published or otherwise made available in electronically accessible
formats and means, including on the Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of a
metropolitan area not designated as a transportation management
area under this section, the Secretary may provide for the
development of an abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary determines is
appropriate to achieve the purposes of this section, taking into
account the complexity of transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.).
``(n) Additional Requirements for Certain Nonattainment Areas.--
``(1) In general.--Notwithstanding any other provisions of this
chapter or title 23, for transportation management areas classified
as nonattainment for ozone or carbon monoxide pursuant to the Clean
Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced
in such area for any highway project that will result in a
significant increase in the carrying capacity for single-occupant
vehicles unless the project is addressed through a congestion
management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area boundaries
determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
chapter or title 23.
``(p) Funding.--Funds set aside under section 104(f) of title 23 or
section 5305(g) shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable opportunity
for public comment, since individual projects included in plans and
TIPs are subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and TIPs described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning a plan or TIP described in this section shall not
be considered to be a Federal action subject to review under that
Act.''.
(b) Pilot Program for Transit-oriented Development Planning.--
(1) Definitions.--In this subsection the following definitions
shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section 5309
of title 49, United States Code, as amended by this division.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) General authority.--The Secretary may make grants under
this subsection to a State or local governmental authority to
assist in financing comprehensive planning associated with an
eligible project that seeks to--
(A) enhance economic development, ridership, and other
goals established during the project development and
engineering processes;
(B) facilitate multimodal connectivity and accessibility;
(C) increase access to transit hubs for pedestrian and
bicycle traffic;
(D) enable mixed-use development;
(E) identify infrastructure needs associated with the
eligible project; and
(F) include private sector participation.
(3) Eligibility.--A State or local governmental authority that
desires to participate in the program under this subsection shall
submit to the Secretary an application that contains, at a
minimum--
(A) identification of an eligible project;
(B) a schedule and process for the development of a
comprehensive plan;
(C) a description of how the eligible project and the
proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning organization;
(D) proposed performance criteria for the development and
implementation of the comprehensive plan; and
(E) identification of--
(i) partners;
(ii) availability of and authority for funding; and
(iii) potential State, local or other impediments to
the implementation of the comprehensive plan.
SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, United States Code, is amended to read as
follows:
``Sec. 5304. Statewide and nonmetropolitan transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--Subject to section
5303, to accomplish the objectives stated in section 5303(a), each
State shall develop a statewide transportation plan and a statewide
transportation improvement program for all areas of the State.
``(2) Contents.--The statewide transportation plan and the
transportation improvement program developed for each State shall
provide for the development and integrated management and operation
of transportation systems and facilities (including accessible
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the State
and an integral part of an intermodal transportation system for the
United States.
``(3) Process of development.--The process for developing the
statewide plan and the transportation improvement program shall
provide for consideration of all modes of transportation and the
policies stated in section 5303(a) and shall be continuing,
cooperative, and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be addressed.
``(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
``(1) coordinate planning carried out under this section with
the transportation planning activities carried out under section
5303 for metropolitan areas of the State and with statewide trade
and economic development planning activities and related multistate
planning efforts; and
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--Two or more States may enter into agreements
or compacts, not in conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of activities
authorized under this section related to interstate areas and
localities in the States and establishing authorities the States
consider desirable for making the agreements and compacts
effective.
``(2) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for consideration and
implementation of projects, strategies, and services that will--
``(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of people and
freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the
State, for people and freight;
``(G) promote efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking to
support the national goals described in section 150(b) of title
23 and the general purposes described in section 5301.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--
``(I) In general.--Each State shall establish
performance targets that address the performance
measures described in section 150(c) of title 23, where
applicable, to use in tracking progress towards
attainment of critical outcomes for the State.
``(II) Coordination.--Selection of performance
targets by a State shall be coordinated with the
relevant metropolitan planning organizations to ensure
consistency, to the maximum extent practicable.
``(ii) Public transportation performance targets.--In
urbanized areas with a population of fewer than 200,000
individuals, as calculated according to the most recent
decennial census, and not represented by a metropolitan
planning organization, selection of performance targets by
a State shall be coordinated, to the maximum extent
practicable, with providers of public transportation to
ensure consistency with sections 5326(c) and 5329(d).
``(C) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and targets described in this
paragraph, in other State transportation plans and
transportation processes, as well as any plans developed
pursuant to title 23 by providers of public transportation in
urbanized areas with a population of fewer than 200,000
individuals, as calculated according to the most recent
decennial census, and not represented by a metropolitan
planning organization, required as part of a performance-based
program.
``(D) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be considered by a State when developing
policies, programs, and investment priorities reflected in the
statewide transportation plan and statewide transportation
improvement program.
``(3) Failure to consider factors.--The failure to take into
consideration the factors specified in paragraphs (1) and (2) shall
not be subject to review by any court under this chapter, title 23,
subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in
any matter affecting a statewide transportation plan, a statewide
transportation improvement program, a project or strategy, or the
certification of a planning process.
``(e) Additional Requirements.--``In carrying out planning under
this section, each State shall, at a minimum--
``(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (l);
``(2) consider the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction over land
within the boundaries of the State; and
``(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities with
related planning activities being carried out outside of
metropolitan planning areas and between States.
``(f) Long-range Statewide Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide transportation
plan shall be developed for each metropolitan area in the State
in cooperation with the metropolitan planning organization
designated for the metropolitan area under section 5303.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed
in cooperation with affected nonmetropolitan officials with
responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (l).
``(ii) Role of secretary.--The Secretary shall not
review or approve the consultation process in each State.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the statewide transportation plan shall be
developed in consultation with the tribal government and the
Secretary of the Interior.
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range transportation plan
shall be developed, as appropriate, in consultation with
State, tribal, and local agencies responsible for land use
management, natural resources, environmental protection,
conservation, and historic preservation.
``(ii) Comparison and consideration.--Consultation
under clause (i) shall involve comparison of transportation
plans to State and tribal conservation plans or maps, if
available, and comparison of transportation plans to
inventories of natural or historic resources, if available.
``(3) Participation by interested parties.--
``(A) In general.--In developing the statewide
transportation plan, the State shall provide to--
``(i) nonmetropolitan local elected officials, or, if
applicable, through regional transportation planning
organizations described in subsection (l), an opportunity
to participate in accordance with subparagraph (B)(i); and
``(ii) citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities, representatives of the disabled,
providers of freight transportation services, and other
interested parties a reasonable opportunity to comment on
the proposed plan.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop and document a consultative process to
carry out subparagraph (A)(i) that is separate and discrete
from the public involvement process developed under clause
(ii);
``(ii) hold any public meetings at convenient and
accessible locations and times;
``(iii) employ visualization techniques to describe
plans; and
``(iv) make public information available in
electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information under
subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan shall
include a discussion of potential environmental mitigation
activities and potential areas to carry out these activities,
including activities that may have the greatest potential to
restore and maintain the environmental functions affected by
the plan.
``(B) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
``(5) Financial plan.--The statewide transportation plan may
include--
``(A) a financial plan that--
``(i) demonstrates how the adopted statewide
transportation plan can be implemented;
``(ii) indicates resources from public and private
sources that are reasonably expected to be made available
to carry out the plan; and
``(iii) recommends any additional financing strategies
for needed projects and programs; and
``(B) for illustrative purposes, additional projects that
would be included in the adopted statewide transportation plan
if reasonable additional resources beyond those identified in
the financial plan were available.
``(6) Selection of projects from illustrative list.--A State
shall not be required to select any project from the illustrative
list of additional projects included in the financial plan
described in paragraph (5).
``(7) Performance-based approach.--The statewide transportation
plan should include--
``(A) a description of the performance measures and
performance targets used in assessing the performance of the
transportation system in accordance with subsection (d)(2); and
``(B) a system performance report and subsequent updates
evaluating the condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2), including progress achieved by the
metropolitan planning organization in meeting the performance
targets in comparison with system performance recorded in
previous reports;
``(8) Existing system.--The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing transportation
system.
``(9) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the maximum
extent practicable) in electronically accessible formats and means,
such as the World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation improvement program for all areas of the State.
``(B) Duration and updating of program.--Each program
developed under subparagraph (A) shall cover a period of 4
years and shall be updated every 4 years or more frequently if
the Governor of the State elects to update more frequently.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be developed
in cooperation with the metropolitan planning organization
designated for the metropolitan area under section 5303.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to each nonmetropolitan
area in the State, the program shall be developed in
cooperation with affected nonmetropolitan local officials
with responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (l).
``(ii) Role of secretary.--The Secretary shall not
review or approve the specific consultation process in the
State.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation with
the tribal government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing the
program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers of
freight transportation services, representatives of users of public
transportation, representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of the disabled,
and other interested parties with a reasonable opportunity to
comment on the proposed program.
``(4) Performance target achievement.--A statewide
transportation improvement program shall include, to the maximum
extent practicable, a discussion of the anticipated effect of the
statewide transportation improvement program toward achieving the
performance targets established in the statewide transportation
plan, linking investment priorities to those performance targets.
``(5) Included projects.--
``(A) In general.--A transportation improvement program
developed under this subsection for a State shall include
Federally supported surface transportation expenditures within
the boundaries of the State.
``(B) Listing of projects.--
``(i) In general.--An annual listing of projects for
which funds have been obligated for the preceding year in
each metropolitan planning area shall be published or
otherwise made available by the cooperative effort of the
State, transit operator, and the metropolitan planning
organization for public review.
``(ii) Funding categories.--The listing described in
clause (i) shall be consistent with the funding categories
identified in each metropolitan transportation improvement
program.
``(C) Projects under chapter 2.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
of title 23 shall be identified individually in the
transportation improvement program.
``(ii) Other projects.--Projects proposed for funding
under chapter 2 of title 23 that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually in the transportation improvement
program.
``(D) Consistency with statewide transportation plan.--Each
project shall be--
``(i) consistent with the statewide transportation plan
developed under this section for the State;
``(ii) identical to the project or phase of the project
as described in an approved metropolitan transportation
plan; and
``(iii) in conformance with the applicable State air
quality implementation plan developed under the Clean Air
Act (42 U.S.C. 7401 et seq.), if the project is carried out
in an area designated as a nonattainment area for ozone,
particulate matter, or carbon monoxide under part D of
title I of that Act (42 U.S.C. 7501 et seq.).
``(E) Requirement of anticipated full funding.--The
transportation improvement program shall include a project, or
an identified phase of a project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(F) Financial plan.--
``(i) In general.--The transportation improvement
program may include a financial plan that demonstrates how
the approved transportation improvement program can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made available
to carry out the transportation improvement program, and
recommends any additional financing strategies for needed
projects and programs.
``(ii) Additional projects.--The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation plan
if reasonable additional resources beyond those identified
in the financial plan were available.
``(G) Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding
subparagraph (F), a State shall not be required to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph
(F).
``(ii) Required action by the secretary.--Action by the
Secretary shall be required for a State to select any
project from the illustrative list of additional projects
included in the financial plan under subparagraph (F) for
inclusion in an approved transportation improvement
program.
``(H) Priorities.--The transportation improvement program
shall reflect the priorities for programming and expenditures
of funds, including transportation enhancement activities,
required by this chapter and title 23.
``(6) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas with
populations of less than 50,000 individuals shall be selected,
from the approved transportation improvement program (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Interstate
maintenance program under title 23 or under sections 5310 and
5311 of this chapter), by the State in cooperation with the
affected nonmetropolitan local officials with responsibility
for transportation or, if applicable, through regional
transportation planning organizations described in subsection
(l).
``(B) Other projects.--Projects carried out in areas with
populations of less than 50,000 individuals on the National
Highway System or under the bridge program or the Interstate
maintenance program under title 23 or under sections 5310 and
5311 of this chapter shall be selected, from the approved
statewide transportation improvement program, by the State in
consultation with the affected nonmetropolitan local officials
with responsibility for transportation.
``(7) Transportation improvement program approval.--Every 4
years, a transportation improvement program developed under this
subsection shall be reviewed and approved by the Secretary if based
on a current planning finding.
``(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the transportation planning
process through which statewide transportation plans and programs
are developed is consistent with this section and section 5303.
``(9) Modifications to project priority.--Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project in
the program.
``(h) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria to
evaluate the effectiveness of the performance-based planning
processes of States, taking into consideration the following:
``(A) The extent to which the State is making progress
toward achieving, the performance targets described in
subsection (d)(2), taking into account whether the State
developed appropriate performance targets.
``(B) The extent to which the State has made transportation
investments that are efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies
on public input and awareness to ensure that investments
are transparent and accountable; and
``(ii) provides reports allowing the public to access
the information being collected in a format that allows the
public to meaningfully assess the performance of the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall submit to Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based
planning process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5303, and sections
134 and 135 of title 23, State laws, rules, or regulations pertaining
to congestion management systems or programs may constitute the
congestion management process under this this section and section 5303,
and sections 134 and 135 of title 23, if the Secretary finds that the
State laws, rules, or regulations are consistent with, and fulfill the
intent of, the purposes of this section and section 5303, and sections
134 and 135 of title 23, as appropriate.
``(j) Continuation of Current Review Practice.--Since the statewide
transportation plan and the transportation improvement program
described in this section are subject to a reasonable opportunity for
public comment, since individual projects included in the statewide
transportation plans and the transportation improvement program are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning statewide transportation plans or the transportation
improvement program described in this section have not been reviewed
under that Act as of January 1, 1997, any decision by the Secretary
concerning a metropolitan or statewide transportation plan or the
transportation improvement program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(k) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made by this
section, taking into consideration the established planning update
cycle for States. The Secretary shall not require a State to deviate
from its established planning update cycle to implement changes made by
this section. States shall reflect changes made to their transportation
plan or transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary under
this subsection.
``(l) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to enhance
the planning, coordination, and implementation of statewide
strategic long-range transportation plans and transportation
improvement programs, with an emphasis on addressing the needs of
nonmetropolitan areas of the State.
``(2) Structure.--A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their designees
who volunteer for such organization and representatives of local
transportation systems who volunteer for such organization.
``(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their designees,
and, as appropriate, additional representatives from the State,
private business, transportation service providers, economic
development practitioners, and the public in the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development organization, to
provide professional planning, management, and administrative
support.
``(4) Duties.--The duties of a regional transportation planning
organization shall include--
``(A) developing and maintaining, in cooperation with the
State, regional long-range multimodal transportation plans;
``(B) developing a regional transportation improvement
program for consideration by the State;
``(C) fostering the coordination of local planning, land
use, and economic development plans with State, regional, and
local transportation plans and programs;
``(D) providing technical assistance to local officials;
``(E) participating in national, multistate, and State
policy and planning development processes to ensure the
regional and local input of nonmetropolitan areas;
``(F) providing a forum for public participation in the
statewide and regional transportation planning processes;
``(G) considering and sharing plans and programs with
neighboring regional transportation planning organizations,
metropolitan planning organizations, and, where appropriate,
tribal organizations; and
``(H) conducting other duties, as necessary, to support and
enhance the statewide planning process under subsection (d).
``(5) States without regional transportation planning
organizations.--If a State chooses not to establish or designate a
regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to determine
projects that may be of regional significance.''.
SEC. 20007. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended to read as
follows:
``Sec. 5307. Urbanized area formula grants
``(a) General Authority.--
``(1) Grants.--The Secretary may make grants under this section
for--
``(A) capital projects;
``(B) planning;
``(C) job access and reverse commute projects; and
``(D) operating costs of equipment and facilities for use
in public transportation in an urbanized area with a population
of fewer than 200,000 individuals, as determined by the Bureau
of the Census.
``(2) Special rule.--The Secretary may make grants under this
section to finance the operating cost of equipment and facilities
for use in public transportation, excluding rail fixed guideway, in
an urbanized area with a population of not fewer than 200,000
individuals, as determined by the Bureau of the Census--
``(A) for public transportation systems that operate 75 or
fewer buses in fixed route service during peak service hours,
in an amount not to exceed 75 percent of the share of the
apportionment which is attributable to such systems within the
urbanized area, as measured by vehicle revenue hours; and
``(B) for public transportation systems that operate a
minimum of 76 buses and a maximum of 100 buses in fixed route
service during peak service hours, in an amount not to exceed
50 percent of the share of the apportionment which is
attributable to such systems within the urbanized area, as
measured by vehicle revenue hours.
``(b) Program of Projects.--Each recipient of a grant shall--
``(1) make available to the public information on amounts
available to the recipient under this section;
``(2) develop, in consultation with interested parties,
including private transportation providers, a proposed program of
projects for activities to be financed;
``(3) publish a proposed program of projects in a way that
affected individuals, private transportation providers, and local
elected officials have the opportunity to examine the proposed
program and submit comments on the proposed program and the
performance of the recipient;
``(4) provide an opportunity for a public hearing in which to
obtain the views of individuals on the proposed program of
projects;
``(5) ensure that the proposed program of projects provides for
the coordination of public transportation services assisted under
section 5336 of this title with transportation services assisted
from other United States Government sources;
``(6) consider comments and views received, especially those of
private transportation providers, in preparing the final program of
projects; and
``(7) make the final program of projects available to the
public.
``(c) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
``(1) the recipient, within the time the Secretary prescribes,
submits a final program of projects prepared under subsection (b)
of this section and a certification for that fiscal year that the
recipient (including a person receiving amounts from a Governor
under this section)--
``(A) has or will have the legal, financial, and technical
capacity to carry out the program, including safety and
security aspects of the program;
``(B) has or will have satisfactory continuing control over
the use of equipment and facilities;
``(C) will maintain equipment and facilities;
``(D) will ensure that, during non-peak hours for
transportation using or involving a facility or equipment of a
project financed under this section, a fare that is not more
than 50 percent of the peak hour fare will be charged for any--
``(i) senior;
``(ii) individual who, because of illness, injury, age,
congenital malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability), cannot
use a public transportation service or a public
transportation facility effectively without special
facilities, planning, or design; and
``(iii) individual presenting a Medicare card issued to
that individual under title II or XVIII of the Social
Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
``(E) in carrying out a procurement under this section,
will comply with sections 5323 and 5325;
``(F) has complied with subsection (b) of this section;
``(G) has available and will provide the required amounts
as provided by subsection (d) of this section;
``(H) will comply with sections 5303 and 5304;
``(I) has a locally developed process to solicit and
consider public comment before raising a fare or carrying out a
major reduction of transportation;
``(J)(i) will expend for each fiscal year for public
transportation security projects, including increased lighting
in or adjacent to a public transportation system (including bus
stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,
providing an emergency telephone line to contact law
enforcement or security personnel in an area in or adjacent to
that system, and any other project intended to increase the
security and safety of an existing or planned public
transportation system, at least 1 percent of the amount the
recipient receives for each fiscal year under section 5336 of
this title; or
``(ii) has decided that the expenditure for security
projects is not necessary;
``(K) in the case of a recipient for an urbanized area with
a population of not fewer than 200,000 individuals, as
determined by the Bureau of the Census--
``(i) will expend not less than 1 percent of the amount
the recipient receives each fiscal year under this section
for associated transit improvements, as defined in section
5302; and
``(ii) will submit an annual report listing projects
carried out in the preceding fiscal year with those funds;
and
``(L) will comply with section 5329(d); and
``(2) the Secretary accepts the certification.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net project cost of the
project. The recipient may provide additional local matching
amounts.
``(2) Operating expenses.--A grant for operating expenses under
this section may not exceed 50 percent of the net project cost of
the project.
``(3) Remaining costs.--Subject to paragraph (4), the remainder
of the net project costs shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues from the sale of advertising and
concessions;
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital;
``(D) from amounts appropriated or otherwise made available
to a department or agency of the Government (other than the
Department of Transportation) that are eligible to be expended
for transportation; and
``(E) from amounts received under a service agreement with
a State or local social service agency or private social
service organization.
``(4) Use of certain funds.--For purposes of subparagraphs (D)
and (E) of paragraph (3), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
``(e) Undertaking Projects in Advance.--
``(1) Payment.--The Secretary may pay the Government share of
the net project cost to a State or local governmental authority
that carries out any part of a project eligible under subparagraph
(A) or (B) of subsection (a)(1) without the aid of amounts of the
Government and according to all applicable procedures and
requirements if--
``(A) the recipient applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out any part of the project, the
Secretary approves the plans and specifications for the part in
the same way as for other projects under this section.
``(2) Approval of application.--The Secretary may approve an
application under paragraph (1) of this subsection only if an
authorization for this section is in effect for the fiscal year to
which the application applies. The Secretary may not approve an
application if the payment will be more than--
``(A) the recipient's expected apportionment under section
5336 of this title if the total amount authorized to be
appropriated for the fiscal year to carry out this section is
appropriated; less
``(B) the maximum amount of the apportionment that may be
made available for projects for operating expenses under this
section.
``(3) Financing costs.--
``(A) In general.--The cost of carrying out part of a
project includes the amount of interest earned and payable on
bonds issued by the recipient to the extent proceeds of the
bonds are expended in carrying out the part.
``(B) Limitation on the amount of interest.--The amount of
interest allowed under this paragraph may not be more than the
most favorable financing terms reasonably available for the
project at the time of borrowing.
``(C) Certification.--The applicant shall certify, in a
manner satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financing terms.
``(f) Reviews, Audits, and Evaluations.--
``(1) Annual review.--
``(A) In general.--At least annually, the Secretary shall
carry out, or require a recipient to have carried out
independently, reviews and audits the Secretary considers
appropriate to establish whether the recipient has carried
out--
``(i) the activities proposed under subsection (c) of
this section in a timely and effective way and can continue
to do so; and
``(ii) those activities and its certifications and has
used amounts of the Government in the way required by law.
``(B) Auditing procedures.--An audit of the use of amounts
of the Government shall comply with the auditing procedures of
the Comptroller General.
``(2) Triennial review.--At least once every 3 years, the
Secretary shall review and evaluate completely the performance of a
recipient in carrying out the recipient's program, specifically
referring to compliance with statutory and administrative
requirements and the extent to which actual program activities are
consistent with the activities proposed under subsection (c) of
this section and the planning process required under sections 5303,
5304, and 5305 of this title. To the extent practicable, the
Secretary shall coordinate such reviews with any related State or
local reviews.
``(3) Actions resulting from review, audit, or evaluation.--The
Secretary may take appropriate action consistent with a review,
audit, and evaluation under this subsection, including making an
appropriate adjustment in the amount of a grant or withdrawing the
grant.
``(g) Treatment.--For purposes of this section, the United States
Virgin Islands shall be treated as an urbanized area, as defined in
section 5302.
``(h) Passenger Ferry Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to recipients for passenger ferry projects that are
eligible for a grant under subsection (a).
``(2) Grant requirements.--Except as otherwise provided in this
subsection, a grant under this subsection shall be subject to the
same terms and conditions as a grant under subsection (a).
``(3) Competitive process.--The Secretary shall solicit grant
applications and make grants for eligible projects on a competitive
basis.''.
SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States Code, is
amended to read as follows:
``Sec. 5309. Fixed guideway capital investment grants
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Applicant.--The term `applicant' means a State or local
governmental authority that applies for a grant under this section.
``(2) Core capacity improvement project.--The term `core
capacity improvement project' means a substantial corridor-based
capital investment in an existing fixed guideway system that
increases the capacity of a corridor by not less than 10 percent.
The term does not include project elements designed to maintain a
state of good repair of the existing fixed guideway system.
``(3) Corridor-based bus rapid transit project.--The term
`corridor-based bus rapid transit project' means a small start
project utilizing buses in which the project represents a
substantial investment in a defined corridor as demonstrated by
features that emulate the services provided by rail fixed guideway
public transportation systems, including defined stations; traffic
signal priority for public transportation vehicles; short headway
bidirectional services for a substantial part of weekdays and
weekend days; and any other features the Secretary may determine
support a long-term corridor investment, but the majority of which
does not operate in a separated right-of-way dedicated for public
transportation use during peak periods.
``(4) Fixed guideway bus rapid transit project.--The term
`fixed guideway bus rapid transit project' means a bus capital
project--
``(A) in which the majority of the project operates in a
separated right-of-way dedicated for public transportation use
during peak periods;
``(B) that represents a substantial investment in a single
route in a defined corridor or subarea; and
``(C) that includes features that emulate the services
provided by rail fixed guideway public transportation systems,
including--
``(i) defined stations;
``(ii) traffic signal priority for public
transportation vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine
are necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(5) New fixed guideway capital project.--The term `new fixed
guideway capital project' means--
``(A) a new fixed guideway project that is a minimum
operable segment or extension to an existing fixed guideway
system; or
``(B) a fixed guideway bus rapid transit project that is a
minimum operable segment or an extension to an existing bus
rapid transit system.
``(6) Program of interrelated projects.--The term `program of
interrelated projects' means the simultaneous development of--
``(A) 2 or more new fixed guideway capital projects or core
capacity improvement projects; or
``(B) 1 or more new fixed guideway capital projects and 1
or more core capacity improvement projects.
``(7) Small start project.--The term `small start project'
means a new fixed guideway capital project or corridor-based bus
rapid transit project for which--
``(A) the Federal assistance provided or to be provided
under this section is less than $75,000,000; and
``(B) the total estimated net capital cost is less than
$250,000,000.
``(b) General Authority.--The Secretary may make grants under this
section to State and local governmental authorities to assist in
financing--
``(1) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the initial
acquisition of rolling stock for the system, the acquisition of
rights-of-way, and relocation, for fixed guideway corridor
development for projects in the advanced stages of project
development or engineering; and
``(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-way,
double tracking, signalization improvements, electrification,
expanding system platforms, acquisition of rolling stock associated
with corridor improvements increasing capacity, construction of
infill stations, and such other capacity improvement projects as
the Secretary determines are appropriate to increase the capacity
of an existing fixed guideway system corridor by at least 10
percent. Core capacity improvement projects do not include elements
to improve general station facilities or parking, or acquisition of
rolling stock alone.
``(c) Grant Requirements.--
``(1) In general.--The Secretary may make a grant under this
section for new fixed guideway capital projects, small start
projects, or core capacity improvement projects, if the Secretary
determines that--
``(A) the project is part of an approved transportation
plan required under sections 5303 and 5304; and
``(B) the applicant has, or will have--
``(i) the legal, financial, and technical capacity to
carry out the project, including the safety and security
aspects of the project;
``(ii) satisfactory continuing control over the use of
the equipment or facilities; and
``(iii) the technical and financial capacity to
maintain new and existing equipment and facilities.
``(2) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C), and (H)
of section 5307(c)(1) shall be deemed to have provided sufficient
information upon which the Secretary may make the determinations
required under this subsection.
``(3) Technical capacity.--The Secretary shall use an expedited
technical capacity review process for applicants that have recently
and successfully completed at least 1 new fixed guideway capital
project, or core capacity improvement project, if--
``(A) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
``(B) the applicant demonstrates that the applicant
continues to have the staff expertise and other resources
necessary to implement a new project.
``(4) Recipient requirements.--A recipient of a grant awarded
under this section shall be subject to all terms, conditions,
requirements, and provisions that the Secretary determines to be
necessary or appropriate for purposes of this section.
``(d) New Fixed Guideway Grants.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A new fixed
guideway capital project shall enter into the project
development phase when--
``(i) the applicant--
``(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
``(II) initiates activities required to be carried
out under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to the project;
and
``(ii) the Secretary--
``(I) responds in writing to the applicant within
45 days whether the information provided is sufficient
to enter into the project development phase, including,
when necessary, a detailed description of any
information deemed insufficient; and
``(II) provides concurrent notice to the Committee
on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives of whether the new
fixed guideway capital project is entering the project
development phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project justification,
policies and land use patterns that promote public
transportation, and local financial commitment under this
subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the
date on which a project enters into the project development
phase, the applicant shall complete the activities required
to obtain a project rating under subsection (g)(2) and
submit completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--
``(I) a reasonable plan for completing the
activities required under this paragraph; and
``(II) an estimated time period within which the
applicant will complete such activities.
``(2) Engineering phase.--
``(A) In general.--A new fixed guideway capital project may
advance to the engineering phase upon completion of activities
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as demonstrated by a record of
decision with respect to the project, a finding that the
project has no significant impact, or a determination that the
project is categorically excluded, only if the Secretary
determines that the project--
``(i) is selected as the locally preferred alternative
at the completion of the process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
``(ii) is adopted into the metropolitan transportation
plan required under section 5303;
``(iii) is justified based on a comprehensive review of
the project's mobility improvements, the project's
environmental benefits, congestion relief associated with
the project, economic development effects associated with
the project, policies and land use patterns of the project
that support public transportation, and the project's cost-
effectiveness as measured by cost per rider;
``(iv) is supported by policies and land use patterns
that promote public transportation, including plans for
future land use and rezoning, and economic development
around public transportation stations; and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iii), the Secretary shall
evaluate, analyze, and consider--
``(i) the reliability of the forecasting methods used
to estimate costs and utilization made by the recipient and
the contractors to the recipient; and
``(ii) population density and current public
transportation ridership in the transportation corridor.
``(e) Core Capacity Improvement Projects.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A core
capacity improvement project shall be deemed to have entered
into the project development phase if--
``(i) the applicant--
``(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
``(II) initiates activities required to be carried
out under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to the project;
and
``(ii) the Secretary--
``(I) responds in writing to the applicant within
45 days whether the information provided is sufficient
to enter into the project development phase, including
when necessary a detailed description of any
information deemed insufficient; and
``(II) provides concurrent notice to the Committee
on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives of whether the core
capacity improvement project is entering the project
development phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project justification
and local financial commitment under this subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the
date on which a project enters into the project development
phase, the applicant shall complete the activities required
to obtain a project rating under subsection (g)(2) and
submit completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--
``(I) a reasonable plan for completing the
activities required under this paragraph; and
``(II) an estimated time period within which the
applicant will complete such activities.
``(2) Engineering phase.--
``(A) In general.--A core capacity improvement project may
advance into the engineering phase upon completion of
activities required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record
of decision with respect to the project, a finding that the
project has no significant impact, or a determination that the
project is categorically excluded, only if the Secretary
determines that the project--
``(i) is selected as the locally preferred alternative
at the completion of the process required under the
National Environmental Policy Act of 1969;
``(ii) is adopted into the metropolitan transportation
plan required under section 5303;
``(iii) is in a corridor that is--
``(I) at or over capacity; or
``(II) projected to be at or over capacity within
the next 5 years;
``(iv) is justified based on a comprehensive review of
the project's mobility improvements, the project's
environmental benefits, congestion relief associated with
the project, economic development effects associated with
the project, the capacity needs of the corridor, and the
project's cost-effectiveness as measured by cost per rider;
and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iv), the Secretary shall
evaluate, analyze, and consider--
``(i) the reliability of the forecasting methods used
to estimate costs and utilization made by the recipient and
the contractors to the recipient;
``(ii) whether the project will increase capacity at
least 10 percent in a corridor;
``(iii) whether the project will improve
interconnectivity among existing systems; and
``(iv) whether the project will improve environmental
outcomes.
``(f) Financing Sources.--
``(1) Requirements.--In determining whether a project is
supported by an acceptable degree of local financial commitment and
shows evidence of stable and dependable financing sources for
purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary
shall require that--
``(A) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases or funding shortfalls;
``(B) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(C) local resources are available to recapitalize,
maintain, and operate the overall existing and proposed public
transportation system, including essential feeder bus and other
services necessary to achieve the projected ridership levels
without requiring a reduction in existing public transportation
services or level of service to operate the project.
``(2) Considerations.--In assessing the stability, reliability,
and availability of proposed sources of local financing for
purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary
shall consider--
``(A) the reliability of the forecasting methods used to
estimate costs and revenues made by the recipient and the
contractors to the recipient;
``(B) existing grant commitments;
``(C) the degree to which financing sources are dedicated
to the proposed purposes;
``(D) any debt obligation that exists, or is proposed by
the recipient, for the proposed project or other public
transportation purpose;
``(E) the extent to which the project has a local financial
commitment that exceeds the required non-Government share of
the cost of the project; and
``(F) private contributions to the project, including cost-
effective project delivery, management or transfer of project
risks, expedited project schedule, financial partnering, and
other public-private partnership strategies.
``(g) Project Advancement and Ratings.--
``(1) Project advancement.--A new fixed guideway capital
project or core capacity improvement project proposed to be carried
out using a grant under this section may not advance from the
project development phase to the engineering phase, or from the
engineering phase to the construction phase, unless the Secretary
determines that--
``(A) the project meets the applicable requirements under
this section; and
``(B) there is a reasonable likelihood that the project
will continue to meet the requirements under this section.
``(2) Ratings.--
``(A) Overall rating.--In making a determination under
paragraph (1), the Secretary shall evaluate and rate a project
as a whole on a 5-point scale (high, medium-high, medium,
medium-low, or low) based on--
``(i) in the case of a new fixed guideway capital
project, the project justification criteria under
subsection (d)(2)(A)(iii), the policies and land use
patterns that support public transportation, and the degree
of local financial commitment; and
``(ii) in the case of a core capacity improvement
project, the capacity needs of the corridor, the project
justification criteria under subsection (e)(2)(A)(iv), and
the degree of local financial commitment.
``(B) Individual ratings for each criterion.--In rating a
project under this paragraph, the Secretary shall--
``(i) provide, in addition to the overall project
rating under subparagraph (A), individual ratings for each
of the criteria established under subsection (d)(2)(A)(iii)
or (e)(2)(A)(iv), as applicable; and
``(ii) give comparable, but not necessarily equal,
numerical weight to each of the criteria established under
subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable,
in calculating the overall project rating under clause (i).
``(C) Medium rating not required.--The Secretary shall not
require that any single project justification criterion meet or
exceed a `medium' rating in order to advance the project from
one phase to another.
``(3) Warrants.--The Secretary shall, to the maximum extent
practicable, develop and use special warrants for making a project
justification determination under subsection (d)(2) or (e)(2), as
applicable, for a project proposed to be funded using a grant under
this section, if--
``(A) the share of the cost of the project to be provided
under this section does not exceed--
``(i) $100,000,000; or
``(ii) 50 percent of the total cost of the project;
``(B) the applicant requests the use of the warrants;
``(C) the applicant certifies that its existing public
transportation system is in a state of good repair; and
``(D) the applicant meets any other requirements that the
Secretary considers appropriate to carry out this subsection.
``(4) Letters of intent and early systems work agreements.--In
order to expedite a project under this subsection, the Secretary
shall, to the maximum extent practicable, issue letters of intent
and enter into early systems work agreements upon issuance of a
record of decision for projects that receive an overall project
rating of medium or better.
``(5) Policy guidance.--The Secretary shall issue policy
guidance regarding the review and evaluation process and criteria--
``(A) not later than 180 days after the date of enactment
of the Federal Public Transportation Act of 2012; and
``(B) each time the Secretary makes significant changes to
the process and criteria, but not less frequently than once
every 2 years.
``(6) Rules.--Not later than 1 year after the date of enactment
of the Federal Public Transportation Act of 2012, the Secretary
shall issue rules establishing an evaluation and rating process
for--
``(A) new fixed guideway capital projects that is based on
the results of project justification, policies and land use
patterns that promote public transportation, and local
financial commitment, as required under this subsection; and
``(B) core capacity improvement projects that is based on
the results of the capacity needs of the corridor, project
justification, and local financial commitment.
``(7) Applicability.--This subsection shall not apply to a
project for which the Secretary issued a letter of intent, entered
into a full funding grant agreement, or entered into a project
construction agreement before the date of enactment of the Federal
Public Transportation Act of 2012.
``(h) Small Start Projects.--
``(1) In general.--A small start project shall be subject to
the requirements of this subsection.
``(2) Project development phase.--
``(A) Entrance into project development phase.--A new small
starts project shall enter into the project development phase
when--
``(i) the applicant--
``(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
``(II) initiates activities required to be carried
out under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to the project;
and
``(ii) the Secretary--
``(I) responds in writing to the applicant within
45 days whether the information provided is sufficient
to enter into the project development phase, including,
when necessary, a detailed description of any
information deemed insufficient; and
``(II) provides concurrent notice to the Committee
on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives of whether the small
starts project is entering the project development
phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project justification,
policies and land use patterns that promote public
transportation, and local financial commitment under this
subsection.
``(3) Selection criteria.--The Secretary may provide Federal
assistance for a small start project under this subsection only if
the Secretary determines that the project--
``(A) has been adopted as the locally preferred alternative
as part of the metropolitan transportation plan required under
section 5303;
``(B) is based on the results of an analysis of the
benefits of the project as set forth in paragraph (4); and
``(C) is supported by an acceptable degree of local
financial commitment.
``(4) Evaluation of benefits and federal investment.--In making
a determination for a small start project under paragraph (3)(B),
the Secretary shall analyze, evaluate, and consider the following
evaluation criteria for the project (as compared to a no-action
alternative): mobility improvements, environmental benefits,
congestion relief, economic development effects associated with the
project, policies and land use patterns that support public
transportation and cost-effectiveness as measured by cost per
rider.
``(5) Evaluation of local financial commitment.--For purposes
of paragraph (3)(C), the Secretary shall require that each proposed
local source of capital and operating financing is stable,
reliable, and available within the proposed project timetable.
``(6) Ratings.--In carrying out paragraphs (4) and (5) for a
small start project, the Secretary shall evaluate and rate the
project on a 5-point scale (high, medium-high, medium, medium-low,
or low) based on an evaluation of the benefits of the project as
compared to the Federal assistance to be provided and the degree of
local financial commitment, as required under this subsection. In
rating the projects, the Secretary shall provide, in addition to
the overall project rating, individual ratings for each of the
criteria established by this subsection and shall give comparable,
but not necessarily equal, numerical weight to the benefits that
the project will bring to the community in calculating the overall
project rating.
``(7) Grants and expedited grant agreements.--
``(A) In general.--The Secretary, to the maximum extent
practicable, shall provide Federal assistance under this
subsection in a single grant. If the Secretary cannot provide
such a single grant, the Secretary may execute an expedited
grant agreement in order to include a commitment on the part of
the Secretary to provide funding for the project in future
fiscal years.
``(B) Terms of expedited grant agreements.--In executing an
expedited grant agreement under this subsection, the Secretary
may include in the agreement terms similar to those established
under subsection (k)(2).
``(C) Notice of proposed grants and expedited grant
agreements.--At least 10 days before making a grant award or
entering into a grant agreement for a project under this
subsection, the Secretary shall notify, in writing, the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate of the proposed grant
or expedited grant agreement, as well as the evaluations and
ratings for the project.
``(i) Programs of Interrelated Projects.--
``(1) Project development phase.--A federally funded project in
a program of interrelated projects shall advance through project
development as provided in subsection (d) or (e), as applicable.
``(2) Engineering phase.--A federally funded project in a
program of interrelated projects may advance into the engineering
phase upon completion of activities required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as
demonstrated by a record of decision with respect to the project, a
finding that the project has no significant impact, or a
determination that the project is categorically excluded, only if
the Secretary determines that--
``(A) the project is selected as the locally preferred
alternative at the completion of the process required under the
National Environmental Policy Act of 1969;
``(B) the project is adopted into the metropolitan
transportation plan required under section 5303;
``(C) the program of interrelated projects involves
projects that have a logical connectivity to one another;
``(D) the program of interrelated projects, when evaluated
as a whole, meets the requirements of subsection (d)(2) or
(e)(2), as applicable;
``(E) the program of interrelated projects is supported by
a program implementation plan demonstrating that construction
will begin on each of the projects in the program of
interrelated projects within a reasonable time frame; and
``(F) the program of interrelated projects is supported by
an acceptable degree of local financial commitment, as
described in subsection (f).
``(3) Project advancement and ratings.--
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance from the project development phase to
the engineering phase, or from the engineering phase to the
construction phase, unless the Secretary determines that the
program of interrelated projects meets the applicable
requirements of this section and there is a reasonable
likelihood that the program will continue to meet such
requirements.
``(B) Ratings.--
``(i) Overall rating.--In making a determination under
subparagraph (A), the Secretary shall evaluate and rate a
program of interrelated projects on a 5-point scale (high,
medium-high, medium, medium-low, or low) based on the
criteria described in paragraph (2).
``(ii) Individual rating for each criterion.--In rating
a program of interrelated projects, the Secretary shall
provide, in addition to the overall program rating,
individual ratings for each of the criteria described in
paragraph (2) and shall give comparable, but not
necessarily equal, numerical weight to each such criterion
in calculating the overall program rating.
``(iii) Medium rating not required.--The Secretary
shall not require that any single criterion described in
paragraph (2) meet or exceed a `medium' rating in order to
advance the program of interrelated projects from one phase
to another.
``(4) Annual review.--
``(A) Review required.--The Secretary shall annually review
the program implementation plan required under paragraph (2)(E)
to determine whether the program of interrelated projects is
adhering to its schedule.
``(B) Extension of time.--If a program of interrelated
projects is not adhering to its schedule, the Secretary may,
upon the request of the applicant, grant an extension of time
if the applicant submits a reasonable plan that includes--
``(i) evidence of continued adequate funding; and
``(ii) an estimated time frame for completing the
program of interrelated projects.
``(C) Satisfactory progress required.--If the Secretary
determines that a program of interrelated projects is not
making satisfactory progress, no Federal funds shall be
provided for a project within the program of interrelated
projects.
``(5) Failure to carry out program of interrelated projects.--
``(A) Repayment required.--If an applicant does not carry
out the program of interrelated projects within a reasonable
time, for reasons within the control of the applicant, the
applicant shall repay all Federal funds provided for the
program, and any reasonable interest and penalty charges that
the Secretary may establish.
``(B) Crediting of funds received.--Any funds received by
the Government under this paragraph, other than interest and
penalty charges, shall be credited to the appropriation account
from which the funds were originally derived.
``(6) Non-federal funds.--Any non-Federal funds committed to a
project in a program of interrelated projects may be used to meet a
non-Government share requirement for any other project in the
program of interrelated projects, if the Government share of the
cost of each project within the program of interrelated projects
does not exceed 80 percent.
``(7) Priority.--In making grants under this section, the
Secretary may give priority to programs of interrelated projects
for which the non-Government share of the cost of the projects
included in the programs of interrelated projects exceeds the non-
Government share required under subsection (l).
``(8) Non-government projects.--Including a project not
financed by the Government in a program of interrelated projects
does not impose Government requirements that would not otherwise
apply to the project.
``(j) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (d) and (e) shall not apply to projects for
which the Secretary has issued a letter of intent, approved entry into
final design, entered into a full funding grant agreement, or entered
into a project construction grant agreement before the date of
enactment of the Federal Public Transportation Act of 2012.
``(k) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
``(1) Letters of intent.--
``(A) Amounts intended to be obligated.--The Secretary may
issue a letter of intent to an applicant announcing an
intention to obligate, for a new fixed guideway capital project
or core capacity improvement project, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project. When a letter is issued for a
capital project under this section, the amount shall be
sufficient to complete at least an operable segment.
``(B) Treatment.--The issuance of a letter under
subparagraph (A) is deemed not to be an obligation under
sections 1108(c), 1501, and 1502(a) of title 31 or an
administrative commitment.
``(2) Full funding grant agreements.--
``(A) In general.--A new fixed guideway capital project or
core capacity improvement project shall be carried out through
a full funding grant agreement.
``(B) Criteria.--The Secretary shall enter into a full
funding grant agreement, based on the evaluations and ratings
required under subsection (d), (e), or (i), as applicable, with
each grantee receiving assistance for a new fixed guideway
capital project or core capacity improvement project that has
been rated as high, medium-high, or medium, in accordance with
subsection (g)(2)(A) or (i)(3)(B), as applicable.
``(C) Terms.--A full funding grant agreement shall--
``(i) establish the terms of participation by the
Government in a new fixed guideway capital project or core
capacity improvement project;
``(ii) establish the maximum amount of Federal
financial assistance for the project;
``(iii) include the period of time for completing the
project, even if that period extends beyond the period of
an authorization; and
``(iv) make timely and efficient management of the
project easier according to the law of the United States.
``(D) Special financial rules.--
``(i) In general.--A full funding grant agreement under
this paragraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in
law.
``(ii) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is not
an obligation of the Government.
``(iii) Interest and other financing costs.--Interest
and other financing costs of efficiently carrying out a
part of the project within a reasonable time are a cost of
carrying out the project under a full funding grant
agreement, except that eligible costs may not be more than
the cost of the most favorable financing terms reasonably
available for the project at the time of borrowing. The
applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
``(iv) Completion of operable segment.--The amount
stipulated in an agreement under this paragraph for a new
fixed guideway capital project shall be sufficient to
complete at least an operable segment.
``(E) Before and after study.--
``(i) In general.--A full funding grant agreement under
this paragraph shall require the applicant to conduct a
study that--
``(I) describes and analyzes the impacts of the new
fixed guideway capital project or core capacity
improvement project on public transportation services
and public transportation ridership;
``(II) evaluates the consistency of predicted and
actual project characteristics and performance; and
``(III) identifies reasons for differences between
predicted and actual outcomes.
``(ii) Information collection and analysis plan.--
``(I) Submission of plan.--Applicants seeking a
full funding grant agreement under this paragraph shall
submit a complete plan for the collection and analysis
of information to identify the impacts of the new fixed
guideway capital project or core capacity improvement
project and the accuracy of the forecasts prepared
during the development of the project. Preparation of
this plan shall be included in the full funding grant
agreement as an eligible activity.
``(II) Contents of plan.--The plan submitted under
subclause (I) shall provide for--
``(aa) collection of data on the current public
transportation system regarding public
transportation service levels and ridership
patterns, including origins and destinations,
access modes, trip purposes, and rider
characteristics;
``(bb) documentation of the predicted scope,
service levels, capital costs, operating costs, and
ridership of the project;
``(cc) collection of data on the public
transportation system 2 years after the opening of
a new fixed guideway capital project or core
capacity improvement project, including analogous
information on public transportation service levels
and ridership patterns and information on the as-
built scope, capital, and financing costs of the
project; and
``(dd) analysis of the consistency of predicted
project characteristics with actual outcomes.
``(F) Collection of data on current system.--To be eligible
for a full funding grant agreement under this paragraph,
recipients shall have collected data on the current system,
according to the plan required under subparagraph (E)(ii),
before the beginning of construction of the proposed new fixed
guideway capital project or core capacity improvement project.
Collection of this data shall be included in the full funding
grant agreement as an eligible activity.
``(3) Early systems work agreements.--
``(A) Conditions.--The Secretary may enter into an early
systems work agreement with an applicant if a record of
decision under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) has been issued on the project and the
Secretary finds there is reason to believe--
``(i) a full funding grant agreement for the project
will be made; and
``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at less
cost.
``(B) Contents.--
``(i) In general.--An early systems work agreement
under this paragraph obligates budget authority available
under this chapter and title 23 and shall provide for
reimbursement of preliminary costs of carrying out the
project, including land acquisition, timely procurement of
system elements for which specifications are decided, and
other activities the Secretary decides are appropriate to
make efficient, long-term project management easier.
``(ii) Contingent commitment.--An early systems work
agreement may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law.
``(iii) Period covered.--An early systems work
agreement under this paragraph shall cover the period of
time the Secretary considers appropriate. The period may
extend beyond the period of current authorization.
``(iv) Interest and other financing costs.--Interest
and other financing costs of efficiently carrying out the
early systems work agreement within a reasonable time are a
cost of carrying out the agreement, except that eligible
costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the
time of borrowing. The applicant shall certify, in a way
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms.
``(v) Failure to carry out project.--If an applicant
does not carry out the project for reasons within the
control of the applicant, the applicant shall repay all
Federal grant funds awarded for the project from all
Federal funding sources, for all project activities,
facilities, and equipment, plus reasonable interest and
penalty charges allowable by law or established by the
Secretary in the early systems work agreement.
``(vi) Crediting of funds received.--Any funds received
by the Government under this paragraph, other than interest
and penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
``(4) Limitation on amounts.--
``(A) In general.--The Secretary may enter into full
funding grant agreements under this subsection for new fixed
guideway capital projects and core capacity improvement
projects that contain contingent commitments to incur
obligations in such amounts as the Secretary determines are
appropriate.
``(B) Appropriation required.--An obligation may be made
under this subsection only when amounts are appropriated for
the obligation.
``(5) Notification to congress.--At least 30 days before
issuing a letter of intent, entering into a full funding grant
agreement, or entering into an early systems work agreement under
this section, the Secretary shall notify, in writing, the Committee
on Banking, Housing, and Urban Affairs and the Committee on
Appropriations of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Appropriations of the House
of Representatives of the proposed letter or agreement. The
Secretary shall include with the notification a copy of the
proposed letter or agreement as well as the evaluations and ratings
for the project.
``(l) Government Share of Net Capital Project Cost.--
``(1) In general.--Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
capital project cost. A grant for a fixed guideway project or small
start project shall not exceed 80 percent of the net capital
project cost. A grant for a core capacity project shall not exceed
80 percent of the net capital project cost of the incremental cost
of increasing the capacity in the corridor.
``(2) Adjustment for completion under budget.--The Secretary
may adjust the final net capital project cost of a new fixed
guideway capital project or core capacity improvement project
evaluated under subsection (d), (e), or (i) to include the cost of
eligible activities not included in the originally defined project
if the Secretary determines that the originally defined project has
been completed at a cost that is significantly below the original
estimate.
``(3) Maximum government share.--The Secretary may provide a
higher grant percentage than requested by the grant recipient if--
``(A) the Secretary determines that the net capital project
cost of the project is not more than 10 percent higher than the
net capital project cost estimated at the time the project was
approved for advancement into the engineering phase; and
``(B) the ridership estimated for the project is not less
than 90 percent of the ridership estimated for the project at
the time the project was approved for advancement into the
engineering phase.
``(4) Remainder of net capital project cost.--The remainder of
the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation cash fund
or reserve, or new capital.
``(5) Limitation on statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary to require
a non-Federal financial commitment for a project that is more than
20 percent of the net capital project cost.
``(6) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to paragraph (1), a planned extension to a
fixed guideway system may include the cost of rolling stock
previously purchased if the applicant satisfies the Secretary that
only amounts other than amounts provided by the Government were
used and that the purchase was made for use on the extension. A
refund or reduction of the remainder may be made only if a refund
of a proportional amount of the grant of the Government is made at
the same time.
``(7) Limitation on applicability.--This subsection shall not
apply to projects for which the Secretary entered into a full
funding grant agreement before the date of enactment of the Federal
Public Transportation Act of 2012.
``(8) Special rule for fixed guideway bus rapid transit
projects.--For up to three fixed-guideway bus rapid transit
projects each fiscal year the Secretary shall--
``(A) establish a Government share of at least 80 percent;
and
``(B) not lower the project's rating for degree of local
financial commitment for purposes of subsections (d)(2)(A)(v)
or (h)(3)(C) as a result of the Government share specified in
this paragraph.
``(m) Undertaking Projects in Advance.--
``(1) In general.--The Secretary may pay the Government share
of the net capital project cost to a State or local governmental
authority that carries out any part of a project described in this
section without the aid of amounts of the Government and according
to all applicable procedures and requirements if--
``(A) the State or local governmental authority applies for
the payment;
``(B) the Secretary approves the payment; and
``(C) before the State or local governmental authority
carries out the part of the project, the Secretary approves the
plans and specifications for the part in the same way as other
projects under this section.
``(2) Financing costs.--
``(A) In general.--The cost of carrying out part of a
project includes the amount of interest earned and payable on
bonds issued by the State or local governmental authority to
the extent proceeds of the bonds are expended in carrying out
the part.
``(B) Limitation on amount of interest.--The amount of
interest under this paragraph may not be more than the most
favorable interest terms reasonably available for the project
at the time of borrowing.
``(C) Certification.--The applicant shall certify, in a
manner satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financing terms.
``(n) Availability of Amounts.--
``(1) In general.--An amount made available or appropriated for
a new fixed guideway capital project or core capacity improvement
project shall remain available to that project for 5 fiscal years,
including the fiscal year in which the amount is made available or
appropriated. Any amounts that are unobligated to the project at
the end of the 5-fiscal-year period may be used by the Secretary
for any purpose under this section.
``(2) Use of deobligated amounts.--An amount available under
this section that is deobligated may be used for any purpose under
this section.
``(o) Reports on New Fixed Guideway and Core Capacity Improvement
Projects.--
``(1) Annual report on funding recommendations.--Not later than
the first Monday in February of each year, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(A) a proposal of allocations of amounts to be available
to finance grants for projects under this section among
applicants for these amounts;
``(B) evaluations and ratings, as required under
subsections (d), (e), and (i), for each such project that is in
project development, engineering, or has received a full
funding grant agreement; and
``(C) recommendations of such projects for funding based on
the evaluations and ratings and on existing commitments and
anticipated funding levels for the next 3 fiscal years based on
information currently available to the Secretary.
``(2) Reports on before and after studies.--Not later than the
first Monday in August of each year, the Secretary shall submit to
the committees described in paragraph (1) a report containing a
summary of the results of any studies conducted under subsection
(k)(2)(E).
``(3) Biennial gao review.--The Comptroller General of the
United States shall--
``(A) conduct a biennial review of--
``(i) the processes and procedures for evaluating,
rating, and recommending new fixed guideway capital
projects and core capacity improvement projects; and
``(ii) the Secretary's implementation of such processes
and procedures; and
``(B) report to Congress on the results of such review by
May 31 of each year.''.
(b) Pilot Program for Expedited Project Delivery.--
(1) Definitions.--In this subsection the following definitions
shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section 5309
of title 49, United States Code, as amended by this section,
that has not entered into a full funding grant agreement with
the Federal Transit Administration before the date of enactment
of the Federal Public Transportation Act of 2012.
(B) Program.--The term ``program'' means the pilot program
for expedited project delivery established under this
subsection.
(C) Recipient.--The term ``recipient'' means a recipient of
funding under chapter 53 of title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--The Secretary shall establish and implement
a pilot program to demonstrate whether innovative project
development and delivery methods or innovative financing
arrangements can expedite project delivery for certain meritorious
new fixed guideway capital projects and core capacity improvement
projects.
(3) Limitation on number of projects.--The Secretary shall
select 3 eligible projects to participate in the program, of
which--
(A) at least 1 shall be an eligible project requesting more
than $100,000,000 in Federal financial assistance under section
5309 of title 49, United States Code; and
(B) at least 1 shall be an eligible project requesting less
than $100,000,000 in Federal financial assistance under section
5309 of title 49, United States Code.
(4) Government share.--The Government share of the total cost
of an eligible project that participates in the program may not
exceed 50 percent.
(5) Eligibility.--A recipient that desires to participate in
the program shall submit to the Secretary an application that
contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction and
operation of the eligible project;
(C) an analysis of the efficiencies of the proposed project
development and delivery methods or innovative financing
arrangement for the eligible project; and
(D) a certification that the recipient's existing public
transportation system is in a state of good repair.
(6) Selection criteria.--The Secretary may award a full funding
grant agreement under this subsection if the Secretary determines
that--
(A) the recipient has completed planning and the activities
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) the recipient has the necessary legal, financial, and
technical capacity to carry out the eligible project.
(7) Before and after study and report.--
(A) Study required.--A full funding grant agreement under
this paragraph shall require a recipient to conduct a study
that--
(i) describes and analyzes the impacts of the eligible
project on public transportation services and public
transportation ridership;
(ii) describes and analyzes the consistency of
predicted and actual benefits and costs of the innovative
project development and delivery methods or innovative
financing for the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) Submission of report.--Not later than 9 months after an
eligible project selected to participate in the program begins
revenue operations, the recipient shall submit to the Secretary
a report on the results of the study under subparagraph (A).
SEC. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
Section 5310 of title 49, United States Code, is amended to read as
follows:
``Sec. 5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Recipient.--The term `recipient' means a designated
recipient or a State that receives a grant under this section
directly.
``(2) Subrecipient.--The term `subrecipient' means a State or
local governmental authority, a private nonprofit organization, or
an operator of public transportation that receives a grant under
this section indirectly through a recipient.
``(b) General Authority.--
``(1) Grants.--The Secretary may make grants under this section
to recipients for--
``(A) public transportation projects planned, designed, and
carried out to meet the special needs of seniors and
individuals with disabilities when public transportation is
insufficient, inappropriate, or unavailable;
``(B) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
``(C) public transportation projects that improve access to
fixed route service and decrease reliance by individuals with
disabilities on complementary paratransit; and
``(D) alternatives to public transportation that assist
seniors and individuals with disabilities with transportation.
``(2) Limitations for capital projects.--
``(A) Amount available.--The amount available for capital
projects under paragraph (1)(A) shall be not less than 55
percent of the funds apportioned to the recipient under this
section.
``(B) Allocation to subrecipients.--A recipient of a grant
under paragraph (1)(A) may allocate the amounts provided under
the grant to--
``(i) a private nonprofit organization; or
``(ii) a State or local governmental authority that--
``(I) is approved by a State to coordinate services
for seniors and individuals with disabilities; or
``(II) certifies that there are no private
nonprofit organizations readily available in the area
to provide the services described in paragraph (1)(A).
``(3) Administrative expenses.--A recipient may use not more
than 10 percent of the amounts apportioned to the recipient under
this section to administer, plan, and provide technical assistance
for a project funded under this section.
``(4) Eligible capital expenses.--The acquisition of public
transportation services is an eligible capital expense under this
section.
``(5) Coordination.--
``(A) Department of transportation.--To the maximum extent
feasible, the Secretary shall coordinate activities under this
section with related activities under other Federal departments
and agencies.
``(B) Other federal agencies and nonprofit organizations.--
A State or local governmental authority or nonprofit
organization that receives assistance from Government sources
(other than the Department of Transportation) for nonemergency
transportation services shall--
``(i) participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(ii) participate in the planning for the
transportation services described in clause (i).
``(6) Program of projects.--
``(A) In general.--Amounts made available to carry out this
section may be used for transportation projects to assist in
providing transportation services for seniors and individuals
with disabilities, if such transportation projects are included
in a program of projects.
``(B) Submission.--A recipient shall annually submit a
program of projects to the Secretary.
``(C) Assurance.--The program of projects submitted under
subparagraph (B) shall contain an assurance that the program
provides for the maximum feasible coordination of
transportation services assisted under this section with
transportation services assisted by other Government sources.
``(7) Meal delivery for homebound individuals.--A public
transportation service provider that receives assistance under this
section or section 5311(c) may coordinate and assist in regularly
providing meal delivery service for homebound individuals, if the
delivery service does not conflict with providing public
transportation service or reduce service to public transportation
passengers.
``(c) Apportionment and Transfers.--
``(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
``(A) Large urbanized areas.--Sixty percent of the funds
shall be apportioned among designated recipients for urbanized
areas with a population of 200,000 or more individuals, as
determined by the Bureau of the Census, in the ratio that--
``(i) the number of seniors and individuals with
disabilities in each such urbanized area; bears to
``(ii) the number of seniors and individuals with
disabilities in all such urbanized areas.
``(B) Small urbanized areas.--Twenty percent of the funds
shall be apportioned among the States in the ratio that--
``(i) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of
the Census, in each State; bears to
``(ii) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of
the Census, in all States.
``(C) Rural areas.--Twenty percent of the funds shall be
apportioned among the States in the ratio that--
``(i) the number of seniors and individuals with
disabilities in rural areas in each State; bears to
``(ii) the number of seniors and individuals with
disabilities in rural areas in all States.
``(2) Areas served by projects.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) funds apportioned under paragraph (1)(A) shall be
used for projects serving urbanized areas with a population
of 200,000 or more individuals, as determined by the Bureau
of the Census;
``(ii) funds apportioned under paragraph (1)(B) shall
be used for projects serving urbanized areas with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census; and
``(iii) funds apportioned under paragraph (1)(C) shall
be used for projects serving rural areas.
``(B) Exceptions.--A State may use funds apportioned to the
State under subparagraph (B) or (C) of paragraph (1)--
``(i) for a project serving an area other than an area
specified in subparagraph (A)(ii) or (A)(iii), as the case
may be, if the Governor of the State certifies that all of
the objectives of this section are being met in the area
specified in subparagraph (A)(ii) or (A)(iii); or
``(ii) for a project anywhere in the State, if the
State has established a statewide program for meeting the
objectives of this section.
``(C) Limited to eligible projects.--Any funds transferred
pursuant to subparagraph (B) shall be made available only for
eligible projects selected under this section.
``(D) Consultation.--A recipient may transfer an amount
under subparagraph (B) only after consulting with responsible
local officials, publicly owned operators of public
transportation, and nonprofit providers in the area for which
the amount was originally apportioned.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be in an amount equal to 80 percent of the net
capital costs of the project, as determined by the Secretary.
``(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed an amount equal to 50
percent of the net operating costs of the project, as determined by
the Secretary.
``(3) Remainder of net costs.--The remainder of the net costs
of a project carried out under this section--
``(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital; and
``(B) may be derived from amounts appropriated or otherwise
made available--
``(i) to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation; or
``(ii) to carry out the Federal lands highways program
under section 204 of title 23.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of
grant funds for matching requirements shall not apply to Federal or
State funds to be used for transportation purposes.
``(e) Grant Requirements.--
``(1) In general.--A grant under this section shall be subject
to the same requirements as a grant under section 5307, to the
extent the Secretary determines appropriate.
``(2) Certification requirements.--
``(A) Project selection and plan development.--Before
receiving a grant under this section, each recipient shall
certify that--
``(i) the projects selected by the recipient are
included in a locally developed, coordinated public
transit-human services transportation plan;
``(ii) the plan described in clause (i) was developed
and approved through a process that included participation
by seniors, individuals with disabilities, representatives
of public, private, and nonprofit transportation and human
services providers, and other members of the public; and
``(iii) to the maximum extent feasible, the services
funded under this section will be coordinated with
transportation services assisted by other Federal
departments and agencies, including any transportation
activities carried out by a recipient of a grant from the
Department of Health and Human Services.
``(B) Allocations to subrecipients.--If a recipient
allocates funds received under this section to subrecipients,
the recipient shall certify that the funds are allocated on a
fair and equitable basis.
``(f) Competitive Process for Grants to Subrecipients.--
``(1) Areawide solicitations.--A recipient of funds apportioned
under subsection (c)(1)(A) may conduct, in cooperation with the
appropriate metropolitan planning organization, an areawide
solicitation for applications for grants under this section.
``(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection (c)(1) may
conduct a statewide solicitation for applications for grants under
this section.
``(3) Application.--If the recipient elects to engage in a
competitive process, a recipient or subrecipient seeking to receive
a grant from funds apportioned under subsection (c) shall submit to
the recipient making the election an application in such form and
in accordance with such requirements as the recipient making the
election shall establish.
``(g) Transfers of Facilities and Equipment.--A recipient may
transfer a facility or equipment acquired using a grant under this
section to any other recipient eligible to receive assistance under
this chapter, if--
``(1) the recipient in possession of the facility or equipment
consents to the transfer; and
``(2) the facility or equipment will continue to be used as
required under this section.
``(h) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
making recommendations on the establishment of performance measures
for grants under this section. Such report shall be developed in
consultation with national nonprofit organizations that provide
technical assistance and advocacy on issues related to
transportation services for seniors and individuals with
disabilities.
``(2) Measures.--The performance measures to be considered in
the report under paragraph (1) shall require the collection of
quantitative and qualitative information, as available,
concerning--
``(A) modifications to the geographic coverage of
transportation service, the quality of transportation service,
or service times that increase the availability of
transportation services for seniors and individuals with
disabilities;
``(B) ridership;
``(C) accessibility improvements; and
``(D) other measures, as the Secretary determines is
appropriate.''.
SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended to read as
follows:
``Sec. 5311. Formula grants for rural areas
``(a) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a State or Indian
tribe that receives a Federal transit program grant directly from
the Government.
``(2) Subrecipient.--The term `subrecipient' means a State or
local governmental authority, a nonprofit organization, or an
operator of public transportation or intercity bus service that
receives Federal transit program grant funds indirectly through a
recipient.
``(b) General Authority.--
``(1) Grants authorized.--Except as provided by paragraph (2),
the Secretary may award grants under this section to recipients
located in rural areas for--
``(A) planning, provided that a grant under this section
for planning activities shall be in addition to funding awarded
to a State under section 5305 for planning activities that are
directed specifically at the needs of rural areas in the State;
``(B) public transportation capital projects;
``(C) operating costs of equipment and facilities for use
in public transportation;
``(D) job access and reverse commute projects; and
``(E) the acquisition of public transportation services,
including service agreements with private providers of public
transportation service.
``(2) State program.--
``(A) In general.--A project eligible for a grant under
this section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
``(B) Submission to secretary.--Each State shall submit to
the Secretary annually the program described in subparagraph
(A).
``(C) Approval.--The Secretary may not approve the program
unless the Secretary determines that--
``(i) the program provides a fair distribution of
amounts in the State, including Indian reservations; and
``(ii) the program provides the maximum feasible
coordination of public transportation service assisted
under this section with transportation service assisted by
other Federal sources.
``(3) Rural transportation assistance program.--
``(A) In general.--The Secretary shall carry out a rural
transportation assistance program in rural areas.
``(B) Grants and contracts.--In carrying out this
paragraph, the Secretary may use not more than 2 percent of the
amount made available under section 5338(a)(2)(E) to make
grants and contracts for transportation research, technical
assistance, training, and related support services in rural
areas.
``(C) Projects of a national scope.--Not more than 15
percent of the amounts available under subparagraph (B) may be
used by the Secretary to carry out competitively selected
projects of a national scope, with the remaining balance
provided to the States.
``(4) Data collection.--Each recipient under this section shall
submit an annual report to the Secretary containing information on
capital investment, operations, and service provided with funds
received under this section, including--
``(A) total annual revenue;
``(B) sources of revenue;
``(C) total annual operating costs;
``(D) total annual capital costs;
``(E) fleet size and type, and related facilities;
``(F) vehicle revenue miles; and
``(G) ridership.
``(c) Apportionments.--
``(1) Public transportation on indian reservations.--Of the
amounts made available or appropriated for each fiscal year
pursuant to section 5338(a)(2)(E) to carry out this paragraph, the
following amounts shall be apportioned each fiscal year for grants
to Indian tribes for any purpose eligible under this section, under
such terms and conditions as may be established by the Secretary:
``(A) $5,000,000 shall be distributed on a competitive
basis by the Secretary.
``(B) $25,000,000 shall be apportioned as formula grants,
as provided in subsection (j).
``(2) Appalachian development public transportation assistance
program.--
``(A) Definitions.--In this paragraph--
``(i) the term `Appalachian region' has the same
meaning as in section 14102 of title 40; and
``(ii) the term `eligible recipient' means a State that
participates in a program established under subtitle IV of
title 40.
``(B) In general.--The Secretary shall carry out a public
transportation assistance program in the Appalachian region.
``(C) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section 5338(a)(2)(E)
to carry out this paragraph, the Secretary shall apportion
funds to eligible recipients for any purpose eligible under
this section, based on the guidelines established under section
9.5(b) of the Appalachian Regional Commission Code.
``(D) Special rule.--An eligible recipient may use amounts
that cannot be used for operating expenses under this paragraph
for a highway project if--
``(i) that use is approved, in writing, by the eligible
recipient after appropriate notice and an opportunity for
comment and appeal are provided to affected public
transportation providers; and
``(ii) the eligible recipient, in approving the use of
amounts under this subparagraph, determines that the local
transit needs are being addressed.
``(3) Remaining amounts.--
``(A) In general.--The amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(E) that are not apportioned under paragraph (1) or
(2) shall be apportioned in accordance with this paragraph.
``(B) Apportionment based on land area and population in
nonurbanized areas.--
``(i) In general.--83.15 percent of the amount
described in subparagraph (A) shall be apportioned to the
States in accordance with this subparagraph.
``(ii) Land area.--
``(I) In general.--Subject to subclause (II), each
State shall receive an amount that is equal to 20
percent of the amount apportioned under clause (i),
multiplied by the ratio of the land area in rural areas
in that State and divided by the land area in all rural
areas in the United States, as shown by the most recent
decennial census of population.
``(II) Maximum apportionment.--No State shall
receive more than 5 percent of the amount apportioned
under subclause (I).
``(iii) Population.--Each State shall receive an amount
equal to 80 percent of the amount apportioned under clause
(i), multiplied by the ratio of the population of rural
areas in that State and divided by the population of all
rural areas in the United States, as shown by the most
recent decennial census of population.
``(C) Apportionment based on land area, vehicle revenue
miles, and low-income individuals in nonurbanized areas.--
``(i) In general.--16.85 percent of the amount
described in subparagraph (A) shall be apportioned to the
States in accordance with this subparagraph.
``(ii) Land area.--Subject to clause (v), each State
shall receive an amount that is equal to 29.68 percent of
the amount apportioned under clause (i), multiplied by the
ratio of the land area in rural areas in that State and
divided by the land area in all rural areas in the United
States, as shown by the most recent decennial census of
population.
``(iii) Vehicle revenue miles.--Subject to clause (v),
each State shall receive an amount that is equal to 29.68
percent of the amount apportioned under clause (i),
multiplied by the ratio of vehicle revenue miles in rural
areas in that State and divided by the vehicle revenue
miles in all rural areas in the United States, as
determined by national transit database reporting.
``(iv) Low-income individuals.--Each State shall
receive an amount that is equal to 40.64 percent of the
amount apportioned under clause (i), multiplied by the
ratio of low-income individuals in rural areas in that
State and divided by the number of low-income individuals
in all rural areas in the United States, as shown by the
Bureau of the Census.
``(v) Maximum apportionment.--No State shall receive--
``(I) more than 5 percent of the amount apportioned
under clause (ii); or
``(II) more than 5 percent of the amount
apportioned under clause (iii).
``(d) Use for Local Transportation Service.--A State may use an
amount apportioned under this section for a project included in a
program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of Transportation,
in a rural area.
``(e) Use for Administration, Planning, and Technical Assistance.--
The Secretary may allow a State to use not more than 10 percent of the
amount apportioned under this section to administer this section and
provide technical assistance to a subrecipient, including project
planning, program and management development, coordination of public
transportation programs, and research the State considers appropriate
to promote effective delivery of public transportation to a rural area.
``(f) Intercity Bus Transportation.--
``(1) In general.--A State shall expend at least 15 percent of
the amount made available in each fiscal year to carry out a
program to develop and support intercity bus transportation.
Eligible activities under the program include--
``(A) planning and marketing for intercity bus
transportation;
``(B) capital grants for intercity bus facilities;
``(C) joint-use facilities;
``(D) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration projects;
and
``(E) coordinating rural connections between small public
transportation operations and intercity bus carriers.
``(2) Certification.--A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
Governor of the State certifies to the Secretary, after
consultation with affected intercity bus service providers, that
the intercity bus service needs of the State are being met
adequately.
``(g) Government Share of Costs.--
``(1) Capital projects.--
``(A) In general.--Except as provided by subparagraph (B),
a grant awarded under this section for a capital project or
project administrative expenses shall be for 80 percent of the
net costs of the project, as determined by the Secretary.
``(B) Exception.--A State described in section 120(b) of
title 23 shall receive a Government share of the net costs in
accordance with the formula under that section.
``(2) Operating assistance.--
``(A) In general.--Except as provided by subparagraph (B),
a grant made under this section for operating assistance may
not exceed 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(B) Exception.--A State described in section 120(b) of
title 23 shall receive a Government share of the net operating
costs equal to 62.5 percent of the Government share provided
for under paragraph (1)(B).
``(3) Remainder.--The remainder of net project costs--
``(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital;
``(B) may be derived from amounts appropriated or otherwise
made available to a department or agency of the Government
(other than the Department of Transportation) that are eligible
to be expended for transportation;
``(C) notwithstanding subparagraph (B), may be derived from
amounts made available to carry out the Federal lands highway
program established by section 204 of title 23; and
``(D) in the case of an intercity bus project that includes
both feeder service and an unsubsidized segment of intercity
bus service to which the feeder service connects, may be
derived from the costs of a private operator for the
unsubsidized segment of intercity bus service as an in-kind
match for the operating costs of connecting rural intercity bus
feeder service funded under subsection (f), if the private
operator agrees in writing to the use of the costs of the
private operator for the unsubsidized segment of intercity bus
service as an in-kind match.
``(4) Use of certain funds.--For purposes of paragraph (3)(B),
the prohibitions on the use of funds for matching requirements
under section 403(a)(5)(C)(vii) of the Social Security Act (42
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds
to be used for transportation purposes.
``(5) Limitation on operating assistance.--A State carrying out
a program of operating assistance under this section may not limit
the level or extent of use of the Government grant for the payment
of operating expenses.
``(h) Transfer of Facilities and Equipment.--With the consent of
the recipient currently having a facility or equipment acquired with
assistance under this section, a State may transfer the facility or
equipment to any recipient eligible to receive assistance under this
chapter if the facility or equipment will continue to be used as
required under this section.
``(i) Relationship to Other Laws.--
``(1) In general.--Section 5333(b) applies to this section if
the Secretary of Labor utilizes a special warranty that provides a
fair and equitable arrangement to protect the interests of
employees.
``(2) Rule of construction.--This subsection does not affect or
discharge a responsibility of the Secretary of Transportation under
a law of the United States.
``(j) Formula Grants for Public Transportation on Indian
Reservations.--
``(1) Apportionment.--
``(A) In general.--Of the amounts described in subsection
(c)(1)(B)--
``(i) 50 percent of the total amount shall be
apportioned so that each Indian tribe providing public
transportation service shall receive an amount equal to the
total amount apportioned under this clause multiplied by
the ratio of the number of vehicle revenue miles provided
by an Indian tribe divided by the total number of vehicle
revenue miles provided by all Indian tribes, as reported to
the Secretary;
``(ii) 25 percent of the total amount shall be
apportioned equally among each Indian tribe providing at
least 200,000 vehicle revenue miles of public
transportation service annually, as reported to the
Secretary; and
``(iii) 25 percent of the total amount shall be
apportioned among each Indian tribe providing public
transportation on tribal lands (as defined by the Bureau of
the Census) on which more than 1,000 low-income individuals
reside (as determined by the Bureau of the Census) so that
each Indian tribe shall receive an amount equal to the
total amount apportioned under this clause multiplied by
the ratio of the number of low-income individuals residing
on an Indian tribe's lands divided by the total number of
low-income individuals on tribal lands on which more than
1,000 low-income individuals reside.
``(B) Limitation.--No recipient shall receive more than
$300,000 of the amounts apportioned under subparagraph (A)(iii)
in a fiscal year.
``(C) Remaining amounts.--Of the amounts made available
under subparagraph (A)(iii), any amounts not apportioned under
that subparagraph shall be allocated among Indian tribes
receiving less than $300,000 in a fiscal year according to the
formula specified in that clause.
``(D) Low-income individuals.--For purposes of subparagraph
(A)(iii), the term `low-income individual' means an individual
whose family income is at or below 100 percent of the poverty
line, as that term is defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that section, for a family
of the size involved.
``(2) Non-tribal service providers.--A recipient that is an
Indian tribe may use funds apportioned under this subsection to
finance public transportation services provided by a non-tribal
provider of public transportation that connects residents of tribal
lands with surrounding communities, improves access to employment
or healthcare, or otherwise addresses the mobility needs of tribal
members.''.
SEC. 20011. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT
PROJECTS.
Section 5312 of title 49, United States Code, is amended to read as
follows:
``Sec. 5312. Research, development, demonstration, and deployment
projects
``(a) Research, Development, Demonstration, and Deployment
Projects.--
``(1) In general.--The Secretary may make grants and enter into
contracts, cooperative agreements, and other agreements for
research, development, demonstration, and deployment projects, and
evaluation of research and technology of national significance to
public transportation, that the Secretary determines will improve
public transportation.
``(2) Agreements.--In order to carry out paragraph (1), the
Secretary may make grants to and enter into contracts, cooperative
agreements, and other agreements with--
``(A) departments, agencies, and instrumentalities of the
Government, including Federal laboratories;
``(B) State and local governmental entities;
``(C) providers of public transportation;
``(D) private or non-profit organizations;
``(E) institutions of higher education; and
``(F) technical and community colleges.
``(3) Application.--
``(A) In general.--To receive a grant, contract,
cooperative agreement, or other agreement under this section,
an entity described in paragraph (2) shall submit an
application to the Secretary.
``(B) Form and contents.--An application under subparagraph
(A) shall be in such form and contain such information as the
Secretary may require, including--
``(i) a statement of purpose detailing the need being
addressed;
``(ii) the short- and long-term goals of the project,
including opportunities for future innovation and
development, the potential for deployment, and benefits to
riders and public transportation; and
``(iii) the short- and long-term funding requirements
to complete the project and any future objectives of the
project.
``(b) Research.--
``(1) In general.--The Secretary may make a grant to or enter
into a contract, cooperative agreement, or other agreement under
this section with an entity described in subsection (a)(2) to carry
out a public transportation research project that has as its
ultimate goal the development and deployment of new and innovative
ideas, practices, and approaches.
``(2) Project eligibility.--A public transportation research
project that receives assistance under paragraph (1) shall focus
on--
``(A) providing more effective and efficient public
transportation service, including services to--
``(i) seniors;
``(ii) individuals with disabilities; and
``(iii) low-income individuals;
``(B) mobility management and improvements and travel
management systems;
``(C) data and communication system advancements;
``(D) system capacity, including--
``(i) train control;
``(ii) capacity improvements; and
``(iii) performance management;
``(E) capital and operating efficiencies;
``(F) planning and forecasting modeling and simulation;
``(G) advanced vehicle design;
``(H) advancements in vehicle technology;
``(I) asset maintenance and repair systems advancement;
``(J) construction and project management;
``(K) alternative fuels;
``(L) the environment and energy efficiency;
``(M) safety improvements; or
``(N) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(c) Innovation and Development.--
``(1) In general.--The Secretary may make a grant to or enter
into a contract, cooperative agreement, or other agreement under
this section with an entity described in subsection (a)(2) to carry
out a public transportation innovation and development project that
seeks to improve public transportation systems nationwide in order
to provide more efficient and effective delivery of public
transportation services, including through technology and
technological capacity improvements.
``(2) Project eligibility.--A public transportation innovation
and development project that receives assistance under paragraph
(1) shall focus on--
``(A) the development of public transportation research
projects that received assistance under subsection (b) that the
Secretary determines were successful;
``(B) planning and forecasting modeling and simulation;
``(C) capital and operating efficiencies;
``(D) advanced vehicle design;
``(E) advancements in vehicle technology;
``(F) the environment and energy efficiency;
``(G) system capacity, including train control and capacity
improvements; or
``(H) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(d) Demonstration, Deployment, and Evaluation.--
``(1) In general.--The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant to or enter
into a contract, cooperative agreement, or other agreement with an
entity described in paragraph (2) to promote the early deployment
and demonstration of innovation in public transportation that has
broad applicability.
``(2) Participants.--An entity described in this paragraph is--
``(A) an entity described in subsection (a)(2); or
``(B) a consortium of entities described in subsection
(a)(2), including a provider of public transportation, that
will share the costs, risks, and rewards of early deployment
and demonstration of innovation.
``(3) Project eligibility.--A project that receives assistance
under paragraph (1) shall seek to build on successful research,
innovation, and development efforts to facilitate--
``(A) the deployment of research and technology development
resulting from private efforts or Federally funded efforts; and
``(B) the implementation of research and technology
development to advance the interests of public transportation.
``(4) Evaluation.--Not later than 2 years after the date on
which a project receives assistance under paragraph (1), the
Secretary shall conduct a comprehensive evaluation of the success
or failure of the projects funded under this subsection and any
plan for broad-based implementation of the innovation promoted by
successful projects.
``(5) Low or no emission vehicle deployment.--
``(A) Definitions.--In this paragraph, the following
definitions shall apply:
``(i) Eligible area.--The term `eligible area' means an
area that is--
``(I) designated as a nonattainment area for ozone
or carbon monoxide under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)); or
``(II) a maintenance area, as defined in section
5303, for ozone or carbon monoxide.
``(ii) Eligible project.--The term `eligible project'
means a project or program of projects in an eligible area
for--
``(I) acquiring or leasing low or no emission
vehicles;
``(II) constructing or leasing facilities and
related equipment for low or no emission vehicles;
``(III) constructing new public transportation
facilities to accommodate low or no emission vehicles;
or
``(IV) rehabilitating or improving existing public
transportation facilities to accommodate low or no
emission vehicles.
``(iii) Direct carbon emissions.--The term `direct
carbon emissions' means the quantity of direct greenhouse
gas emissions from a vehicle, as determined by the
Administrator of the Environmental Protection Agency.
``(iv) Low or no emission bus.--The term `low or no
emission bus' means a bus that is a low or no emission
vehicle.
``(v) Low or no emission vehicle.--The term `low or no
emission vehicle' means--
``(I) a passenger vehicle used to provide public
transportation that the Administrator of the
Environmental Protection Agency has certified
sufficiently reduces energy consumption or reduces
harmful emissions, including direct carbon emissions,
when compared to a comparable standard vehicle; or
``(II) a zero emission bus used to provide public
transportation.
``(vi) Recipient.--The term `recipient' means--
``(I) for an eligible area that is an urbanized
area with a population of fewer than 200,000
individuals, as determined by the Bureau of the Census,
the State in which the eligible area is located; and
``(II) for an eligible area not described in
subparagraph (A), the designated recipient for the
eligible area.
``(vii) Zero emission bus.--The term `zero emission
bus' means a low or no emission bus that produces no carbon
or particulate matter.
``(B) Authority.--The Secretary may make grants to
recipients to finance eligible projects under this paragraph.
``(C) Grant requirements.--
``(i) In general.--A grant under this paragraph shall
be subject to the requirements of section 5307.
``(ii) Government share of costs for certain
projects.--Section 5323(j) applies to projects carried out
under this paragraph, unless the grant recipient requests a
lower grant percentage.
``(iii) Combination of funding sources.--
``(I) Combination permitted.--A project carried out
under this paragraph may receive funding under section
5307, or any other provision of law.
``(II) Government share.--Nothing in this clause
may be construed to alter the Government share required
under this section, section 5307, or any other
provision of law.
``(D) Minimum amounts.--Of amounts made available by or
appropriated under section 5338(b) in each fiscal year to carry
out this paragraph--
``(i) not less than 65 percent shall be made available
to fund eligible projects relating to low or no emission
buses; and
``(ii) not less than 10 percent shall be made available
for eligible projects relating to facilities and related
equipment for low or no emission buses.
``(E) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(F) Priority consideration.--In making grants under this
paragraph, the Secretary shall give priority to projects
relating to low or no emission buses that make greater
reductions in energy consumption and harmful emissions,
including direct carbon emissions, than comparable standard
buses or other low or no emission buses.
``(G) Availability of funds.--Any amounts made available or
appropriated to carry out this paragraph--
``(i) shall remain available to an eligible project for
2 years after the fiscal year for which the amount is made
available or appropriated; and
``(ii) that remain unobligated at the end of the period
described in clause (i) shall be added to the amount made
available to an eligible project in the following fiscal
year.
``(e) Annual Report on Research.--Not later than the first Monday
in February of each year, the Secretary shall submit to the Committee
on Banking, Housing, and Urban Affairs and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and Technology, and
the Committee on Appropriations of the House of Representatives a
report that includes--
``(1) a description of each project that received assistance
under this section during the preceding fiscal year;
``(2) an evaluation of each project described in paragraph (1),
including any evaluation conducted under subsection (d)(4) for the
preceding fiscal year; and
``(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
``(f) Government Share of Costs.--
``(1) In general.--The Government share of the cost of a
project carried out under this section shall not exceed 80 percent.
``(2) Non-government share.--The non-Government share of the
cost of a project carried out under this section may be derived
from in-kind contributions.
``(3) Financial benefit.--If the Secretary determines that
there would be a clear and direct financial benefit to an entity
under a grant, contract, cooperative agreement, or other agreement
under this section, the Secretary shall establish a Government
share of the costs of the project to be carried out under the
grant, contract, cooperative agreement, or other agreement that is
consistent with the benefit.''.
SEC. 20012. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.
Section 5314 of title 49, United States Code, is amended to read as
follows:
``Sec. 5314. Technical assistance and standards development
``(a) Technical Assistance and Standards Development.--
``(1) In general.--The Secretary may make grants and enter into
contracts, cooperative agreements, and other agreements (including
agreements with departments, agencies, and instrumentalities of the
Government) to carry out activities that the Secretary determines
will assist recipients of assistance under this chapter to--
``(A) more effectively and efficiently provide public
transportation service;
``(B) administer funds received under this chapter in
compliance with Federal law; and
``(C) improve public transportation.
``(2) Eligible activities.--The activities carried out under
paragraph (1) may include--
``(A) technical assistance; and
``(B) the development of voluntary and consensus-based
standards and best practices by the public transportation
industry, including standards and best practices for safety,
fare collection, Intelligent Transportation Systems,
accessibility, procurement, security, asset management to
maintain a state of good repair, operations, maintenance,
vehicle propulsion, communications, and vehicle electronics.
``(b) Technical Assistance.--The Secretary, through a competitive
bid process, may enter into contracts, cooperative agreements, and
other agreements with national nonprofit organizations that have the
appropriate demonstrated capacity to provide public transportation-
related technical assistance under this section. The Secretary may
enter into such contracts, cooperative agreements, and other agreements
to assist providers of public transportation to--
``(1) comply with the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) through technical assistance,
demonstration programs, research, public education, and other
activities related to complying with such Act;
``(2) comply with human services transportation coordination
requirements and to enhance the coordination of Federal resources
for human services transportation with those of the Department of
Transportation through technical assistance, training, and support
services related to complying with such requirements;
``(3) meet the transportation needs of elderly individuals;
``(4) increase transit ridership in coordination with
metropolitan planning organizations and other entities through
development around public transportation stations through technical
assistance and the development of tools, guidance, and analysis
related to market-based development around transit stations;
``(5) address transportation equity with regard to the effect
that transportation planning, investment and operations have for
low-income and minority individuals; and
``(6) any other technical assistance activity that the
Secretary determines is necessary to advance the interests of
public transportation.
``(c) Annual Report on Technical Assistance.--Not later than the
first Monday in February of each year, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate and the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and Technology, and
the Committee on Appropriations of the House of Representatives a
report that includes--
``(1) a description of each project that received assistance
under this section during the preceding fiscal year;
``(2) an evaluation of the activities carried out by each
organization that received assistance under this section during the
preceding fiscal year; and
``(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
``(d) Government Share of Costs.--
``(1) In general.--The Government share of the cost of an
activity carried out using a grant under this section may not
exceed 80 percent.
``(2) Non-government share.--The non-Government share of the
cost of an activity carried out using a grant under this section
may be derived from in-kind contributions.''.
SEC. 20013. PRIVATE SECTOR PARTICIPATION.
(a) In General.--Section 5315 of title 49, United States Code, is
amended to read as follows:
``Sec. 5315. Private sector participation
``(a) General Purposes.--In the interest of fulfilling the general
purposes of this chapter under section 5301(b), the Secretary shall--
``(1) better coordinate public and private sector-provided
public transportation services;
``(2) promote more effective utilization of private sector
expertise, financing, and operational capacity to deliver costly
and complex new fixed guideway capital projects; and
``(3) promote transparency and public understanding of public-
private partnerships affecting public transportation.
``(b) Actions to Promote Better Coordination Between Public and
Private Sector Providers of Public Transportation.--The Secretary
shall--
``(1) provide technical assistance to recipients of Federal
transit grant assistance, at the request of a recipient, on
practices and methods to best utilize private providers of public
transportation; and
``(2) educate recipients of Federal transit grant assistance on
laws and regulations under this chapter that impact private
providers of public transportation.
``(c) Actions to Provide Technical Assistance for Alternative
Project Delivery Methods.--Upon request by a sponsor of a new fixed
guideway capital project, the Secretary shall--
``(1) identify best practices for public-private partnerships
models in the United States and in other countries;
``(2) develop standard public-private partnership transaction
model contracts; and
``(3) perform financial assessments that include the
calculation of public and private benefits of a proposed public-
private partnership transaction.''.
(b) Public-private Partnership Procedures and Approaches.--
(1) Identify impediments.--The Secretary shall--
(A) except as provided in paragraph (6), identify any
provisions of chapter 53 of title 49, United States Code, and
any regulations or practices thereunder, that impede greater
use of public-private partnerships and private investment in
public transportation capital projects; and
(B) develop and implement on a project basis procedures and
approaches that--
(i) address such impediments in a manner similar to the
Special Experimental Project Number 15 of the Federal
Highway Administration (commonly referred to as ``SEP-
15''); and
(ii) protect the public interest and any public
investment in public transportation capital projects that
involve public-private partnerships or private investment
in public transportation capital projects.
(2) Transparency.--The Secretary shall develop guidance to
promote greater transparency and public access to public-private
partnership agreements involving recipients of Federal assistance
under chapter 53 of title 49, United States Code, including--
(A) any conflict of interest involving any party involved
in the public-private partnership;
(B) tax and financing aspects related to a public-private
partnership agreement;
(C) changes in the workforce and wages, benefits, or rules
as a result of a public-private partnership;
(D) estimates of the revenue or savings the public-private
partnership will produce for the private entity and public
entity;
(E) any impacts on other developments and transportation
modes as a result of non-compete clauses contained in public-
private partnership agreements; and
(F) any other issues the Secretary believes will increase
transparency of public-private partnership agreements and
protect the public interest.
(3) Assessment.--In developing and implementing the guidance
under paragraph (2), the Secretary shall encourage project sponsors
to conduct assessments to determine whether use of a public-private
partnership represents a better public and financial benefit than a
similar transaction using public funding or public project
delivery.
(4) Report.--Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
status of the procedures, approaches, and guidance developed and
implemented under paragraphs (1) and (2).
(5) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue rules to carry out
the procedures and approaches developed under paragraph (1).
(6) Rule of construction.--Nothing in this subsection may be
construed to allow the Secretary to waive any requirement under--
(A) section 5333 of title 49, United States Code;
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(C) any other provision of Federal law.
(c) Contracting Out Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a comprehensive report on
the effect of contracting out public transportation operations and
administrative functions on cost, availability and level of
service, efficiency, and quality of service.
(2) Considerations.--In developing the report, the Comptroller
General shall consider--
(A) the number of grant recipients that have contracted out
services and the types of public transportation services that
are performed under contract, including paratransit service,
fixed route bus service, commuter rail operations, and
administrative functions;
(B) the size of the populations served by such grant
recipients;
(C) the basis for decisions regarding contracting out such
services;
(D) comparative costs of providing service under contract
to providing the same service through public transit agency
employees, using to the greatest extent possible a standard
cost allocation model;
(E) the extent of unionization among privately contracted
employees;
(F) the impact to wages and benefits of employees when
publicly provided public transportation services are contracted
out to a private for-profit entity;
(G) the level of transparency and public access to
agreements and contracts related to contracted out public
transportation services;
(H) the extent of Federal law, regulations and guidance
prohibiting any conflicts of interest for contractor employees
and businesses;
(I) the extent to which grant recipients evaluate
contracted out services before selecting them and the extent to
which grant recipients conduct oversight of those services; and
(J) barriers to contracting out public transportation
operations and administrative functions.
(d) Guidance on Documenting Compliance.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall publish in
the Federal Register policy guidance regarding how to best document
compliance by recipients of Federal assistance under chapter 53 of
title 49, United States Code, with the requirements regarding private
enterprise participation in public transportation planning and
transportation improvement programs under sections 5303(i)(6), 5306(a),
and 5307(c) of such title 49.
SEC. 20014. BUS TESTING FACILITIES.
Section 5318 of title 49, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Acquiring New Bus Models.--
``(1) In general.--Amounts appropriated or otherwise made
available under this chapter may be obligated or expended to
acquire a new bus model only if--
``(A) a bus of that model has been tested at a facility
authorized under subsection (a); and
``(B) the bus tested under subparagraph (A) met--
``(i) performance standards for maintainability,
reliability, performance (including braking performance),
structural integrity, fuel economy, emissions, and noise,
as established by the Secretary by rule; and
``(ii) the minimum safety performance standards
established by the Secretary pursuant to section 5329(b).
``(2) Bus test `pass/fail' standard.--Not later than 2 years
after the date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall issue a final rule under
subparagraph (B)(i). The final rule issued under paragraph (B)(i)
shall include a bus model scoring system that results in a
weighted, aggregate score that uses the testing categories under
subsection (a) and considers the relative importance of each such
testing category. The final rule issued under subparagraph (B)(i)
shall establish a `pass/fail' standard that uses the aggregate
score described in the preceding sentence. Amounts appropriated or
otherwise made available under this chapter may be obligated or
expended to acquire a new bus model only if the new bus model has
received a passing aggregate test score. The Secretary shall work
with the bus testing facility, bus manufacturers, and transit
agencies to develop the bus model scoring system under this
paragraph. A passing aggregate test score under the rule issued
under subparagraph (B)(i) indicates only that amounts appropriated
or made available under this chapter may be obligated or expended
to acquire a new bus model and shall not be interpreted as a
warranty or guarantee that the new bus model will meet a
purchaser's specific requirements.''.
SEC. 20015. HUMAN RESOURCES AND TRAINING.
Section 5322 of title 49, United States Code, is amended to read as
follows:
``Sec. 5322. Human resources and training
``(a) In General.--The Secretary may undertake, or make grants and
contracts for, programs that address human resource needs as they apply
to public transportation activities. A program may include--
``(1) an employment training program;
``(2) an outreach program to increase minority and female
employment in public transportation activities;
``(3) research on public transportation personnel and training
needs; and
``(4) training and assistance for minority business
opportunities.
``(b) Innovative Public Transportation Workforce Development
Program.--
``(1) Program established.--The Secretary shall establish a
competitive grant program to assist the development of innovative
activities eligible for assistance under subsection (a).
``(2) Selection of recipients.--To the maximum extent feasible,
the Secretary shall select recipients that--
``(A) are geographically diverse;
``(B) address the workforce and human resources needs of
large public transportation providers;
``(C) address the workforce and human resources needs of
small public transportation providers;
``(D) address the workforce and human resources needs of
urban public transportation providers;
``(E) address the workforce and human resources needs of
rural public transportation providers;
``(F) advance training related to maintenance of
alternative energy, energy efficiency, or zero emission
vehicles and facilities used in public transportation;
``(G) target areas with high rates of unemployment; and
``(H) address current or projected workforce shortages in
areas that require technical expertise.
``(c) Government's Share of Costs.--The Government share of the
cost of a project carried out using a grant under subsection (a) or (b)
shall be 50 percent.
``(d) National Transit Institute.--
``(1) Establishment.--The Secretary shall establish a national
transit institute and award grants to a public 4-year degree-
granting institution of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in
order to carry out the duties of the institute.
``(2) Duties.--
``(A) In general.--In cooperation with the Federal Transit
Administration, State transportation departments, public
transportation authorities, and national and international
entities, the institute established under paragraph (1) shall
develop and conduct training and educational programs for
Federal, State, and local transportation employees, United
States citizens, and foreign nationals engaged or to be engaged
in Government-aid public transportation work.
``(B) Training and educational programs.--The training and
educational programs developed under subparagraph (A) may
include courses in recent developments, techniques, and
procedures related to--
``(i) intermodal and public transportation planning;
``(ii) management;
``(iii) environmental factors;
``(iv) acquisition and joint use rights-of-way;
``(v) engineering and architectural design;
``(vi) procurement strategies for public transportation
systems;
``(vii) turnkey approaches to delivering public
transportation systems;
``(viii) new technologies;
``(ix) emission reduction technologies;
``(x) ways to make public transportation accessible to
individuals with disabilities;
``(xi) construction, construction management,
insurance, and risk management;
``(xii) maintenance;
``(xiii) contract administration;
``(xiv) inspection;
``(xv) innovative finance;
``(xvi) workplace safety; and
``(xvii) public transportation security.
``(3) Providing education and training.--Education and training
of Government, State, and local transportation employees under this
subsection shall be provided--
``(A) by the Secretary at no cost to the States and local
governments for subjects that are a Government program
responsibility; or
``(B) when the education and training are paid under
paragraph (4) of this subsection, by the State, with the
approval of the Secretary, through grants and contracts with
public and private agencies, other institutions, individuals,
and the institute.
``(4) Availability of amounts.--Not more than .5 percent of the
amounts made available for a fiscal year beginning after September
30, 1991, to a State or public transportation authority in the
State to carry out sections 5307 and 5309 of this title is
available for expenditure by the State and public transportation
authorities in the State, with the approval of the Secretary, to
pay not more than 80 percent of the cost of tuition and direct
educational expenses related to educating and training State and
local transportation employees under this subsection.
``(e) Report.--Not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2012, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report concerning the measurable outcomes
and impacts of the programs funded under subsections (a) and (b).''.
SEC. 20016. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended to read as
follows:
``Sec. 5323. General provisions
``(a) Interests in Property.--
``(1) In general.--Financial assistance provided under this
chapter to a State or a local governmental authority may be used to
acquire an interest in, or to buy property of, a private company
engaged in public transportation, for a capital project for
property acquired from a private company engaged in public
transportation after July 9, 1964, or to operate a public
transportation facility or equipment in competition with, or in
addition to, transportation service provided by an existing public
transportation company, only if--
``(A) the Secretary determines that such financial
assistance is essential to a program of projects required under
sections 5303, 5304, and 5306;
``(B) the Secretary determines that the program provides
for the participation of private companies engaged in public
transportation to the maximum extent feasible; and
``(C) just compensation under State or local law will be
paid to the company for its franchise or property.
``(2) Limitation.--A governmental authority may not use
financial assistance of the United States Government to acquire
land, equipment, or a facility used in public transportation from
another governmental authority in the same geographic area.
``(b) Relocation and Real Property Requirements.--The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for
capital projects under this chapter.
``(c) Consideration of Economic, Social, and Environmental
Interests.--
``(1) Cooperation and consultation.--The Secretary shall
cooperate and consult with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency on each
project that may have a substantial impact on the environment.
``(2) Compliance with nepa.--The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to financial
assistance for capital projects under this chapter.
``(d) Condition on Charter Bus Transportation Service.--
``(1) Agreements.--Financial assistance under this chapter may
be used to buy or operate a bus only if the applicant, governmental
authority, or publicly owned operator that receives the assistance
agrees that, except as provided in the agreement, the governmental
authority or an operator of public transportation for the
governmental authority will not provide charter bus transportation
service outside the urban area in which it provides regularly
scheduled public transportation service. An agreement shall provide
for a fair arrangement the Secretary of Transportation considers
appropriate to ensure that the assistance will not enable a
governmental authority or an operator for a governmental authority
to foreclose a private operator from providing intercity charter
bus service if the private operator can provide the service.
``(2) Violations.--
``(A) Investigations.--On receiving a complaint about a
violation of the agreement required under paragraph (1), the
Secretary shall investigate and decide whether a violation has
occurred.
``(B) Enforcement of agreements.--If the Secretary decides
that a violation has occurred, the Secretary shall correct the
violation under terms of the agreement.
``(C) Additional remedies.--In addition to any remedy
specified in the agreement, the Secretary shall bar a recipient
or an operator from receiving Federal transit assistance in an
amount the Secretary considers appropriate if the Secretary
finds a pattern of violations of the agreement.
``(e) Bond Proceeds Eligible for Local Share.--
``(1) Use as local matching funds.--Notwithstanding any other
provision of law, a recipient of assistance under section 5307,
5309, or 5337 may use the proceeds from the issuance of revenue
bonds as part of the local matching funds for a capital project.
``(2) Maintenance of effort.--The Secretary shall approve of
the use of the proceeds from the issuance of revenue bonds for the
remainder of the net project cost only if the Secretary finds that
the aggregate amount of financial support for public transportation
in the urbanized area provided by the State and affected local
governmental authorities during the next 3 fiscal years, as
programmed in the State transportation improvement program under
section 5304, is not less than the aggregate amount provided by the
State and affected local governmental authorities in the urbanized
area during the preceding 3 fiscal years.
``(3) Debt service reserve.--The Secretary may reimburse an
eligible recipient for deposits of bond proceeds in a debt service
reserve that the recipient establishes pursuant to section
5302(3)(J) from amounts made available to the recipient under
section 5309.
``(f) Schoolbus Transportation.--
``(1) Agreements.--Financial assistance under this chapter may
be used for a capital project, or to operate public transportation
equipment or a public transportation facility, only if the
applicant agrees not to provide schoolbus transportation that
exclusively transports students and school personnel in competition
with a private schoolbus operator. This subsection does not apply--
``(A) to an applicant that operates a school system in the
area to be served and a separate and exclusive schoolbus
program for the school system; and
``(B) unless a private schoolbus operator can provide
adequate transportation that complies with applicable safety
standards at reasonable rates.
``(2) Violations.--If the Secretary finds that an applicant,
governmental authority, or publicly owned operator has violated the
agreement required under paragraph (1), the Secretary shall bar a
recipient or an operator from receiving Federal transit assistance
in an amount the Secretary considers appropriate.
``(g) Buying Buses Under Other Laws.--Subsections (d) and (f) of
this section apply to financial assistance to buy a bus under sections
133 and 142 of title 23.
``(h) Grant and Loan Prohibitions.--A grant or loan may not be used
to--
``(1) pay ordinary governmental or nonproject operating
expenses; or
``(2) support a procurement that uses an exclusionary or
discriminatory specification.
``(i) Government Share of Costs for Certain Projects.--
``(1) Acquiring vehicles and vehicle-related equipment or
facilities.--
``(A) Vehicles.--A grant for a project to be assisted under
this chapter that involves acquiring vehicles for purposes of
complying with or maintaining compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the
Clean Air Act is for 85 percent of the net project cost.
``(B) Vehicle-related equipment or facilities.--A grant for
a project to be assisted under this chapter that involves
acquiring vehicle-related equipment or facilities required by
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or vehicle-related equipment or facilities (including
clean fuel or alternative fuel vehicle-related equipment or
facilities) for purposes of complying with or maintaining
compliance with the Clean Air Act, is for 90 percent of the net
project cost of such equipment or facilities attributable to
compliance with those Acts. The Secretary shall have discretion
to determine, through practicable administrative procedures,
the costs of such equipment or facilities attributable to
compliance with those Acts.
``(2) Costs incurred by providers of public transportation by
vanpool.--
``(A) Local matching share.--The local matching share
provided by a recipient of assistance for a capital project
under this chapter may include any amounts expended by a
provider of public transportation by vanpool for the
acquisition of rolling stock to be used by such provider in the
recipient's service area, excluding any amounts the provider
may have received in Federal, State, or local government
assistance for such acquisition.
``(B) Use of revenues.--A private provider of public
transportation by vanpool may use revenues it receives in the
provision of public transportation service in the service area
of a recipient of assistance under this chapter that are in
excess of the provider's operating costs for the purpose of
acquiring rolling stock, if the private provider enters into a
legally binding agreement with the recipient that requires the
provider to use the rolling stock in the recipient's service
area.
``(C) Definitions.--In this paragraph, the following
definitions apply:
``(i) Private provider of public transportation by
vanpool.--The term `private provider of public
transportation by vanpool' means a private entity providing
vanpool services in the service area of a recipient of
assistance under this chapter using a commuter highway
vehicle or vanpool vehicle.
``(ii) Commuter highway vehicle; vanpool vehicle.--The
term `commuter highway vehicle or vanpool vehicle' means
any vehicle--
``(I) the seating capacity of which is at least 6
adults (not including the driver); and
``(II) at least 80 percent of the mileage use of
which can be reasonably expected to be for the purposes
of transporting commuters in connection with travel
between their residences and their place of employment.
``(j) Buy America.--
``(1) In general.--The Secretary may obligate an amount that
may be appropriated to carry out this chapter for a project only if
the steel, iron, and manufactured goods used in the project are
produced in the United States.
``(2) Waiver.--The Secretary may waive paragraph (1) of this
subsection if the Secretary finds that--
``(A) applying paragraph (1) would be inconsistent with the
public interest;
``(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment) under
this chapter--
``(i) the cost of components and subcomponents produced
in the United States is more than 60 percent of the cost of
all components of the rolling stock; and
``(ii) final assembly of the rolling stock has occurred
in the United States; or
``(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(3) Written waiver determination and annual report.--
``(A) Written determination.--Before issuing a waiver under
paragraph (2), the Secretary shall--
``(i) publish in the Federal Register and make publicly
available in an easily identifiable location on the website
of the Department of Transportation a detailed written
explanation of the waiver determination; and
``(ii) provide the public with a reasonable period of
time for notice and comment.
``(B) Annual report.--Not later than 1 year after the date
of enactment of the Federal Public Transportation Act of 2012,
and annually thereafter, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report listing any waiver issued
under paragraph (2) during the preceding year.
``(4) Labor costs for final assembly.--In this subsection,
labor costs involved in final assembly are not included in
calculating the cost of components.
``(5) Waiver prohibited.--The Secretary may not make a waiver
under paragraph (2) of this subsection for goods produced in a
foreign country if the Secretary, in consultation with the United
States Trade Representative, decides that the government of that
foreign country--
``(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
``(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in the
United States and to which the agreement applies.
``(6) Penalty for mislabeling and misrepresentation.--A person
is ineligible under subpart 9.4 of the Federal Acquisition
Regulation, or any successor thereto, to receive a contract or
subcontract made with amounts authorized under the Federal Public
Transportation Act of 2012 if a court or department, agency, or
instrumentality of the Government decides the person
intentionally--
``(A) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
``(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
``(7) State requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that restricts
a State from imposing more stringent requirements than this
subsection on the use of articles, materials, and supplies mined,
produced, or manufactured in foreign countries in projects carried
out with that assistance or restricts a recipient of that
assistance from complying with those State-imposed requirements.
``(8) Opportunity to correct inadvertent error.--The Secretary
may allow a manufacturer or supplier of steel, iron, or
manufactured goods to correct after bid opening any certification
of noncompliance or failure to properly complete the certification
(but not including failure to sign the certification) under this
subsection if such manufacturer or supplier attests under penalty
of perjury that such manufacturer or supplier submitted an
incorrect certification as a result of an inadvertent or clerical
error. The burden of establishing inadvertent or clerical error is
on the manufacturer or supplier.
``(9) Administrative review.--A party adversely affected by an
agency action under this subsection shall have the right to seek
review under section 702 of title 5.
``(k) Participation of Governmental Agencies in Design and Delivery
of Transportation Services.--Governmental agencies and nonprofit
organizations that receive assistance from Government sources (other
than the Department of Transportation) for nonemergency transportation
services shall--
``(1) participate and coordinate with recipients of assistance
under this chapter in the design and delivery of transportation
services; and
``(2) be included in the planning for those services.
``(l) Relationship to Other Laws.--
``(1) Fraud and false statements.--Section 1001 of title 18
applies to a certificate, submission, or statement provided under
this chapter. The Secretary may terminate financial assistance
under this chapter and seek reimbursement directly, or by
offsetting amounts, available under this chapter if the Secretary
determines that a recipient of such financial assistance has made a
false or fraudulent statement or related act in connection with a
Federal public transportation program.
``(2) Political activities of nonsupervisory employees.--The
provision of assistance under this chapter shall not be construed
to require the application of chapter 15 of title 5 to any
nonsupervisory employee of a public transportation system (or any
other agency or entity performing related functions) to whom such
chapter does not otherwise apply.
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations requiring a
preaward and postdelivery review of a grant under this chapter to buy
rolling stock to ensure compliance with Government motor vehicle safety
requirements, subsection (j) of this section, and bid specifications
requirements of grant recipients under this chapter. Under this
subsection, independent inspections and review are required, and a
manufacturer certification is not sufficient. Rolling stock
procurements of 20 vehicles or fewer made for the purpose of serving
rural areas and urbanized areas with populations of 200,000 or fewer
shall be subject to the same requirements as established for
procurements of 10 or fewer buses under the post-delivery purchaser's
requirements certification process under section 663.37(c) of title 49,
Code of Federal Regulations.
``(n) Submission of Certifications.--A certification required under
this chapter and any additional certification or assurance required by
law or regulation to be submitted to the Secretary may be consolidated
into a single document to be submitted annually as part of a grant
application under this chapter. The Secretary shall publish annually a
list of all certifications required under this chapter with the
publication required under section 5336(d)(2).
``(o) Grant Requirements.--The grant requirements under sections
5307, 5309, and 5337 apply to any project under this chapter that
receives any assistance or other financing under chapter 6 (other than
section 609) of title 23.
``(p) Alternative Fueling Facilities.--A recipient of assistance
under this chapter may allow the incidental use of federally funded
alternative fueling facilities and equipment by nontransit public
entities and private entities if--
``(1) the incidental use does not interfere with the
recipient's public transportation operations;
``(2) all costs related to the incidental use are fully
recaptured by the recipient from the nontransit public entity or
private entity;
``(3) the recipient uses revenues received from the incidental
use in excess of costs for planning, capital, and operating
expenses that are incurred in providing public transportation; and
``(4) private entities pay all applicable excise taxes on fuel.
``(q) Corridor Preservation.--
``(1) In general.--The Secretary may assist a recipient in
acquiring right-of-way before the completion of the environmental
reviews for any project that may use the right-of-way if the
acquisition is otherwise permitted under Federal law. The Secretary
may establish restrictions on such an acquisition as the Secretary
determines to be necessary and appropriate.
``(2) Environmental reviews.--Right-of-way acquired under this
subsection may not be developed in anticipation of the project
until all required environmental reviews for the project have been
completed.
``(r) Reasonable Access to Public Transportation Facilities.--A
recipient of assistance under this chapter may not deny reasonable
access for a private intercity or charter transportation operator to
federally funded public transportation facilities, including intermodal
facilities, park and ride lots, and bus-only highway lanes. In
determining reasonable access, capacity requirements of the recipient
of assistance and the extent to which access would be detrimental to
existing public transportation services must be considered.''.
SEC. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
(a) In General.--Section 5324 of title 49, United States Code, is
amended to read as follows:
``Sec. 5324. Public transportation emergency relief program
``(a) Definition.--In this section the following definitions shall
apply:
``(1) Eligible operating costs.--The term `eligible operating
costs' means costs relating to--
``(A) evacuation services;
``(B) rescue operations;
``(C) temporary public transportation service; or
``(D) reestablishing, expanding, or relocating public
transportation route service before, during, or after an
emergency.
``(2) Emergency.--The term `emergency' means a natural disaster
affecting a wide area (such as a flood, hurricane, tidal wave,
earthquake, severe storm, or landslide) or a catastrophic failure
from any external cause, as a result of which--
``(A) the Governor of a State has declared an emergency and
the Secretary has concurred; or
``(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
``(b) General Authority.--The Secretary may make grants and enter
into contracts and other agreements (including agreements with
departments, agencies, and instrumentalities of the Government) for--
``(1) capital projects to protect, repair, reconstruct, or
replace equipment and facilities of a public transportation system
operating in the United States or on an Indian reservation that the
Secretary determines is in danger of suffering serious damage, or
has suffered serious damage, as a result of an emergency; and
``(2) eligible operating costs of public transportation
equipment and facilities in an area directly affected by an
emergency during--
``(A) the 1-year period beginning on the date of a
declaration described in subsection (a)(2); or
``(B) if the Secretary determines there is a compelling
need, the 2-year period beginning on the date of a declaration
described in subsection (a)(2).
``(c) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
``(2) No effect on other government activity.--The provision of
funds under this section shall not affect the ability of any other
agency of the Government, including the Federal Emergency
Management Agency, or a State agency, a local governmental entity,
organization, or person, to provide any other funds otherwise
authorized by law.
``(3) Notification.--The Secretary shall notify the Secretary
of Homeland Security of the purpose and amount of any grant made or
contract or other agreement entered into under this section.
``(d) Grant Requirements.--A grant awarded under this section or
under section 5307 or 5311 that is made to address an emergency defined
under subsection (a)(2) shall be--
``(1) subject to the terms and conditions the Secretary
determines are necessary; and
``(2) made only for expenses that are not reimbursed under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(e) Government Share of Costs.--
``(1) Capital projects and operating assistance.--A grant,
contract, or other agreement for a capital project or eligible
operating costs under this section shall be, at the option of the
recipient, for not more than 80 percent of the net project cost, as
determined by the Secretary.
``(2) Non-federal share.--The remainder of the net project cost
may be provided from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital.
``(3) Waiver.--The Secretary may waive, in whole or part, the
non-Federal share required under--
``(A) paragraph (2); or
``(B) section 5307 or 5311, in the case of a grant made
available under section 5307 or 5311, respectively, to address
an emergency.''.
(b) Memorandum of Agreement.--
(1) Purposes.--The purposes of this subsection are--
(A) to improve coordination between the Department of
Transportation and the Department of Homeland Security; and
(B) to expedite the provision of Federal assistance for
public transportation systems for activities relating to a
major disaster or emergency declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) (referred to in this subsection as a
``major disaster or emergency'').
(2) Agreement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and the
Secretary of Homeland Security shall enter into a memorandum of
agreement to coordinate the roles and responsibilities of the
Department of Transportation and the Department of Homeland
Security in providing assistance for public transportation,
including the provision of public transportation services and the
repair and restoration of public transportation systems in areas
for which the President has declared a major disaster or emergency.
(3) Contents of agreement.--The memorandum of agreement
required under paragraph (2) shall--
(A) provide for improved coordination and expeditious use
of public transportation, as appropriate, in response to and
recovery from a major disaster or emergency;
(B) establish procedures to address--
(i) issues that have contributed to delays in the
reimbursement of eligible transportation-related expenses
relating to a major disaster or emergency;
(ii) any challenges identified in the review under
paragraph (4); and
(iii) the coordination of assistance for public
transportation provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and section
5324 of title 49, United States Code, as amended by this
Act, as appropriate; and
(C) provide for the development and distribution of clear
guidelines for State, local, and tribal governments, including
public transportation systems, relating to--
(i) assistance available for public transportation
systems for activities relating to a major disaster or
emergency--
(I) under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act;
(II) under section 5324 of title 49, United States
Code, as amended by this Act; and
(III) from other sources, including other Federal
agencies; and
(ii) reimbursement procedures that speed the process
of--
(I) applying for assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
and section 5324 of title 49, United States Code, as
amended by this Act; and
(II) distributing assistance for public
transportation systems under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and
section 5324 of title 49, United States Code, as
amended by this Act.
(4) After action review.--Before entering into a memorandum of
agreement under paragraph (2), the Secretary of Transportation and
the Secretary of Homeland Security (acting through the
Administrator of the Federal Emergency Management Agency), in
consultation with State, local, and tribal governments (including
public transportation systems) that have experienced a major
disaster or emergency, shall review after action reports relating
to major disasters, emergencies, and exercises, to identify areas
where coordination between the Department of Transportation and the
Department of Homeland Security and the provision of public
transportation services should be improved.
(5) Factors for declarations of major disasters and
emergencies.--The Administrator of the Federal Emergency Management
Agency shall make available to State, local, and tribal
governments, including public transportation systems, a description
of the factors that the President considers in declaring a major
disaster or emergency, including any pre-disaster emergency
declaration policies.
(6) Briefings.--
(A) Initial briefing.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Transportation
and the Secretary of Homeland Security shall jointly brief the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Homeland Security and Governmental Affairs of the
Senate on the memorandum of agreement required under paragraph
(2).
(B) Quarterly briefings.--Each quarter of the 1-year period
beginning on the date on which the Secretary of Transportation
and the Secretary of Homeland Security enter into the
memorandum of agreement required under paragraph (2), the
Secretary of Transportation and the Secretary of Homeland
Security shall jointly brief the Committee on Banking, Housing,
and Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate on the implementation of the
memorandum of agreement.
SEC. 20018. CONTRACT REQUIREMENTS.
Section 5325 of title 49, United States Code, is amended--
(1) in subsection (e), by striking paragraph (1) and inserting
the following:
``(1) Contracts.--A recipient procuring rolling stock with
Government financial assistance under this chapter may make a
multiyear contract to buy the rolling stock and replacement parts
under which the recipient has an option to buy additional rolling
stock or replacement parts for--
``(A) not more than 5 years after the date of the original
contract for bus procurements; and
``(B) not more than 7 years after the date of the original
contract for rail procurements, provided that such option does
not allow for significant changes or alterations to the rolling
stock.''.
(2) in subsection (h), by striking ``Federal Public
Transportation Act of 2005'' and inserting ``Federal Public
Transportation Act of 2012'';
(3) in subsection (j)(2)(C), by striking ``, including the
performance reported in the Contractor Performance Assessment
Reports required under section 5309(l)(2)''; and
(4) by adding at the end the following:
``(k) Veterans Employment.--Recipients and subrecipients of Federal
financial assistance under this chapter shall ensure that contractors
working on a capital project funded using such assistance give a hiring
preference, to the extent practicable, to veterans (as defined in
section 2108 of title 5) who have the requisite skills and abilities to
perform the construction work required under the contract. This
subsection shall not be understood, construed or enforced in any manner
that would require an employer to give a preference to any veteran over
any equally qualified applicant who is a member of any racial or ethnic
minority, female, an individual with a disability, or a former
employee.''.
SEC. 20019. TRANSIT ASSET MANAGEMENT.
Section 5326 of title 49, United States Code, is amended to read as
follows:
``Sec. 5326. Transit asset management
``(a) Definitions.--In this section the following definitions shall
apply:
``(1) Capital asset.--The term `capital asset' includes
equipment, rolling stock, infrastructure, and facilities for use in
public transportation and owned or leased by a recipient or
subrecipient of Federal financial assistance under this chapter.
``(2) Transit asset management plan.--The term `transit asset
management plan' means a plan developed by a recipient of funding
under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies complies with the rule issued
under this section.
``(3) Transit asset management system.--The term `transit asset
management system' means a strategic and systematic process of
operating, maintaining, and improving public transportation capital
assets effectively throughout the life cycle of such assets.
``(b) Transit Asset Management System.--The Secretary shall
establish and implement a national transit asset management system,
which shall include--
``(1) a definition of the term `state of good repair' that
includes objective standards for measuring the condition of capital
assets of recipients, including equipment, rolling stock,
infrastructure, and facilities;
``(2) a requirement that recipients and subrecipients of
Federal financial assistance under this chapter develop a transit
asset management plan;
``(3) a requirement that each designated recipient of Federal
financial assistance under this chapter report on the condition of
the system of the recipient and provide a description of any change
in condition since the last report;
``(4) an analytical process or decision support tool for use by
public transportation systems that--
``(A) allows for the estimation of capital investment needs
of such systems over time; and
``(B) assists with asset investment prioritization by such
systems; and
``(5) technical assistance to recipients of Federal financial
assistance under this chapter.
``(c) Performance Measures and Targets.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall issue a final rule to establish performance
measures based on the state of good repair standards established
under subsection (b)(1).
``(2) Targets.--Not later than 3 months after the date on which
the Secretary issues a final rule under paragraph (1), and each
fiscal year thereafter, each recipient of Federal financial
assistance under this chapter shall establish performance targets
in relation to the performance measures established by the
Secretary.
``(3) Reports.--Each designated recipient of Federal financial
assistance under this chapter shall submit to the Secretary an
annual report that describes--
``(A) the progress of the recipient during the fiscal year
to which the report relates toward meeting the performance
targets established under paragraph (2) for that fiscal year;
and
``(B) the performance targets established by the recipient
for the subsequent fiscal year.
``(d) Rulemaking.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall issue a final rule to implement the transit asset
management system described in subsection (b).''.
SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``United States'' and all that follows through ``Secretary of
Transportation'' and inserting the following: ``Federal
financial assistance for a major capital project for public
transportation under this chapter or any other provision of
Federal law, a recipient must prepare a project management plan
approved by the Secretary and carry out the project in
accordance with the project management plan''; and
(B) in paragraph (12), by striking ``each month'' and
inserting ``quarterly'';
(2) by striking subsections (c), (d), and (f);
(3) by inserting after subsection (b) the following:
``(c) Access to Sites and Records.--Each recipient of Federal
financial assistance for public transportation under this chapter or
any other provision of Federal law shall provide the Secretary and a
contractor the Secretary chooses under section 5338(i) with access to
the construction sites and records of the recipient when reasonably
necessary.'';
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``subsection (c) of this
section'' and inserting ``section 5338(i)''; and
(B) in paragraph (2)--
(i) by striking ``preliminary engineering stage'' and
inserting ``project development phase''; and
(ii) by striking ``another stage'' and inserting
``another phase''.
SEC. 20021. PUBLIC TRANSPORTATION SAFETY.
(a) Public Transportation Safety Program.--Section 5329 of title
49, United States Code, is amended to read as follows:
``Sec. 5329. Public transportation safety program
``(a) Definition.--In this section, the term `recipient' means a
State or local governmental authority, or any other operator of a
public transportation system, that receives financial assistance under
this chapter.
``(b) National Public Transportation Safety Plan.--
``(1) In general.--The Secretary shall create and implement a
national public transportation safety plan to improve the safety of
all public transportation systems that receive funding under this
chapter.
``(2) Contents of plan.--The national public transportation
safety plan under paragraph (1) shall include--
``(A) safety performance criteria for all modes of public
transportation;
``(B) the definition of the term `state of good repair'
established under section 5326(b);
``(C) minimum safety performance standards for public
transportation vehicles used in revenue operations that--
``(i) do not apply to rolling stock otherwise regulated
by the Secretary or any other Federal agency; and
``(ii) to the extent practicable, take into
consideration--
``(I) relevant recommendations of the National
Transportation Safety Board; and
``(II) recommendations of, and best practices
standards developed by, the public transportation
industry; and
``(D) a public transportation safety certification training
program, as described in subsection (c).
``(c) Public Transportation Safety Certification Training
Program.--
``(1) In general.--The Secretary shall establish a public
transportation safety certification training program for Federal
and State employees, or other designated personnel, who conduct
safety audits and examinations of public transportation systems and
employees of public transportation agencies directly responsible
for safety oversight.
``(2) Interim provisions.--Not later than 90 days after the
date of enactment of the Federal Public Transportation Act of 2012,
the Secretary shall establish interim provisions for the
certification and training of the personnel described in paragraph
(1), which shall be in effect until the effective date of the final
rule issued by the Secretary to implement this subsection.
``(d) Public Transportation Agency Safety Plan.--
``(1) In general.--Effective 1 year after the effective date of
a final rule issued by the Secretary to carry out this subsection,
each recipient or State, as described in paragraph (3), shall
certify that the recipient or State has established a comprehensive
agency safety plan that includes, at a minimum--
``(A) a requirement that the board of directors (or
equivalent entity) of the recipient approve the agency safety
plan and any updates to the agency safety plan;
``(B) methods for identifying and evaluating safety risks
throughout all elements of the public transportation system of
the recipient;
``(C) strategies to minimize the exposure of the public,
personnel, and property to hazards and unsafe conditions;
``(D) a process and timeline for conducting an annual
review and update of the safety plan of the recipient;
``(E) performance targets based on the safety performance
criteria and state of good repair standards established under
subparagraphs (A) and (B), respectively, of subsection (b)(2);
``(F) assignment of an adequately trained safety officer
who reports directly to the general manager, president, or
equivalent officer of the recipient; and
``(G) a comprehensive staff training program for the
operations personnel and personnel directly responsible for
safety of the recipient that includes--
``(i) the completion of a safety training program; and
``(ii) continuing safety education and training.
``(2) Interim agency safety plan.--A system safety plan
developed pursuant to part 659 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of the Federal
Public Transportation Act of 2012, shall remain in effect until
such time as this subsection takes effect.
``(3) Public transportation agency safety plan drafting and
certification.--
``(A) Section 5311.--For a recipient receiving assistance
under section 5311, a State safety plan may be drafted and
certified by the recipient or a State.
``(B) Section 5307.--Not later than 120 days after the date
of enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a rule designating recipients of
assistance under section 5307 that are small public
transportation providers or systems that may have their State
safety plans drafted or certified by a State.
``(e) State Safety Oversight Program.--
``(1) Applicability.--This subsection applies only to eligible
States.
``(2) Definition.--In this subsection, the term `eligible
State' means a State that has--
``(A) a rail fixed guideway public transportation system
within the jurisdiction of the State that is not subject to
regulation by the Federal Railroad Administration; or
``(B) a rail fixed guideway public transportation system in
the engineering or construction phase of development within the
jurisdiction of the State that will not be subject to
regulation by the Federal Railroad Administration.
``(3) In general.--In order to obligate funds apportioned under
section 5338 to carry out this chapter, effective 3 years after the
date on which a final rule under this subsection becomes effective,
an eligible State shall have in effect a State safety oversight
program approved by the Secretary under which the State--
``(A) assumes responsibility for overseeing rail fixed
guideway public transportation safety;
``(B) adopts and enforces Federal and relevant State laws
on rail fixed guideway public transportation safety;
``(C) establishes a State safety oversight agency;
``(D) determines, in consultation with the Secretary, an
appropriate staffing level for the State safety oversight
agency that is commensurate with the number, size, and
complexity of the rail fixed guideway public transportation
systems in the eligible State;
``(E) requires that employees and other designated
personnel of the eligible State safety oversight agency who are
responsible for rail fixed guideway public transportation
safety oversight are qualified to perform such functions
through appropriate training, including successful completion
of the public transportation safety certification training
program established under subsection (c); and
``(F) prohibits any public transportation agency from
providing funds to the State safety oversight agency or an
entity designated by the eligible State as the State safety
oversight agency under paragraph (4).
``(4) State safety oversight agency.--
``(A) In general.--Each State safety oversight program
shall establish a State safety oversight agency that--
``(i) is financially and legally independent from any
public transportation entity that the State safety
oversight agency oversees;
``(ii) does not directly provide public transportation
services in an area with a rail fixed guideway public
transportation system subject to the requirements of this
section;
``(iii) does not employ any individual who is also
responsible for the administration of rail fixed guideway
public transportation programs subject to the requirements
of this section;
``(iv) has the authority to review, approve, oversee,
and enforce the implementation by the rail fixed guideway
public transportation agency of the public transportation
agency safety plan required under subsection (d);
``(v) has investigative and enforcement authority with
respect to the safety of rail fixed guideway public
transportation systems of the eligible State;
``(vi) audits, at least once triennially, the
compliance of the rail fixed guideway public transportation
systems in the eligible State subject to this subsection
with the public transportation agency safety plan required
under subsection (d); and
``(vii) provides, at least once annually, a status
report on the safety of the rail fixed guideway public
transportation systems the State safety oversight agency
oversees to--
``(I) the Federal Transit Administration;
``(II) the Governor of the eligible State; and
``(III) the board of directors, or equivalent
entity, of any rail fixed guideway public
transportation system that the State safety oversight
agency oversees.
``(B) Waiver.--At the request of an eligible State, the
Secretary may waive clauses (i) and (iii) of subparagraph (A)
for eligible States with 1 or more rail fixed guideway systems
in revenue operations, design, or construction, that--
``(i) have fewer than 1,000,000 combined actual and
projected rail fixed guideway revenue miles per year; or
``(ii) provide fewer than 10,000,000 combined actual
and projected unlinked passenger trips per year.
``(5) Programs for multi-state rail fixed guideway public
transportation systems.--An eligible State that has within the
jurisdiction of the eligible State a rail fixed guideway public
transportation system that operates in more than 1 eligible State
shall--
``(A) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
ensure uniform safety standards and enforcement procedures that
shall be in compliance with this section, and establish and
implement a State safety oversight program approved by the
Secretary; or
``(B) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
designate an entity having characteristics consistent with the
characteristics described in paragraph (3) to carry out the
State safety oversight program approved by the Secretary.
``(6) Grants.--
``(A) In general.--The Secretary shall make grants to
eligible States to develop or carry out State safety oversight
programs under this subsection. Grant funds may be used for
program operational and administrative expenses, including
employee training activities.
``(B) Apportionment.--
``(i) Formula.--The amount made available for State
safety oversight under section 5336(h) shall be apportioned
among eligible States under a formula to be established by
the Secretary. Such formula shall take into account fixed
guideway vehicle revenue miles, fixed guideway route miles,
and fixed guideway vehicle passenger miles attributable to
all rail fixed guideway systems not subject to regulation
by the Federal Railroad Administration within each eligible
State.
``(ii) Administrative requirements.--Grant funds
apportioned to States under this paragraph shall be subject
to uniform administrative requirements for grants and
cooperative agreements to State and local governments under
part 18 of title 49, Code of Federal Regulations, and shall
be subject to the requirements of this chapter as the
Secretary determines appropriate.
``(C) Government share.--
``(i) In general.--The Government share of the
reasonable cost of a State safety oversight program
developed or carried out using a grant under this paragraph
shall be 80 percent.
``(ii) In-kind contributions.--Any calculation of the
non-Government share of a State safety oversight program
shall include in-kind contributions by an eligible State.
``(iii) Non-government share.--The non-Government share
of the cost of a State safety oversight program developed
or carried out using a grant under this paragraph may not
be met by--
``(I) any Federal funds;
``(II) any funds received from a public
transportation agency; or
``(III) any revenues earned by a public
transportation agency.
``(iv) Safety training program.--Recipients of funds
made available to carry out sections 5307 and 5311 may use
not more than 0.5 percent of their formula funds to pay not
more than 80 percent of the cost of participation in the
public transportation safety certification training program
established under subsection (c), by an employee of a State
safety oversight agency or a recipient who is directly
responsible for safety oversight.
``(7) Certification process.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall determine whether or not each State safety
oversight program meets the requirements of this subsection and
the State safety oversight program is adequate to promote the
purposes of this section.
``(B) Issuance of certifications and denials.--The
Secretary shall issue a certification to each eligible State
that the Secretary determines under subparagraph (A) adequately
meets the requirements of this subsection, and shall issue a
denial of certification to each eligible State that the
Secretary determines under subparagraph (A) does not adequately
meet the requirements of this subsection.
``(C) Disapproval.--If the Secretary determines that a
State safety oversight program does not meet the requirements
of this subsection and denies certification, the Secretary
shall transmit to the eligible State a written explanation and
allow the eligible State to modify and resubmit the State
safety oversight program for approval.
``(D) Failure to correct.--If the Secretary determines that
a modification by an eligible State of the State safety
oversight program is not sufficient to certify the program, the
Secretary--
``(i) shall notify the Governor of the eligible State
of such denial of certification and failure to adequately
modify the program, and shall request that the Governor
take all possible actions to correct deficiencies in the
program to ensure the certification of the program; and
``(ii) may--
``(I) withhold funds available under paragraph (6)
in an amount determined by the Secretary;
``(II) withhold not more than 5 percent of the
amount required to be appropriated for use in a State
or urbanized area in the State under section 5307 of
this title, until the State safety oversight program
has been certified; or
``(III) require fixed guideway public
transportation systems under such State safety
oversight program to provide up to 100 percent of
Federal assistance made available under this chapter
only for safety-related improvements on such systems,
until the State safety oversight program has been
certified.
``(8) Evaluation of program and annual report.--The Secretary
shall continually evaluate the implementation of a State safety
oversight program by a State safety oversight agency, and shall
submit on or before July 1 of each year to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on--
``(A) the amount of funds apportioned to each eligible
State; and
``(B) the certification status of each State safety
oversight program, including what steps a State program that
has been denied certification must take in order to be
certified.
``(9) Federal oversight.--The Secretary shall--
``(A) oversee the implementation of each State safety
oversight program under this subsection;
``(B) audit the operations of each State safety oversight
agency at least once triennially; and
``(C) issue rules to carry out this subsection.
``(f) Authority of Secretary.--In carrying out this section, the
Secretary may--
``(1) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities, rolling
stock, and operations of the public transportation system of a
recipient;
``(2) make reports and issue directives with respect to the
safety of the public transportation system of a recipient;
``(3) in conjunction with an accident investigation or an
investigation into a pattern or practice of conduct that negatively
affects public safety, issue a subpoena to, and take the deposition
of, any employee of a recipient or a State safety oversight agency,
if--
``(A) before the issuance of the subpoena, the Secretary
requests a determination by the Attorney General of the United
States as to whether the subpoena will interfere with an
ongoing criminal investigation; and
``(B) the Attorney General--
``(i) determines that the subpoena will not interfere
with an ongoing criminal investigation; or
``(ii) fails to make a determination under clause (i)
before the date that is 30 days after the date on which the
Secretary makes a request under subparagraph (A);
``(4) require the production of documents by, and prescribe
recordkeeping and reporting requirements for, a recipient or a
State safety oversight agency;
``(5) investigate public transportation accidents and incidents
and provide guidance to recipients regarding prevention of
accidents and incidents;
``(6) at reasonable times and in a reasonable manner, enter and
inspect equipment, facilities, rolling stock, operations, and
relevant records of the public transportation system of a
recipient; and
``(7) issue rules to carry out this section.
``(g) Enforcement Actions.--
``(1) Types of enforcement actions.--The Secretary may take
enforcement action against an eligible State, as defined in
subsection (e), that does not comply with Federal law with respect
to the safety of the public transportation system, including--
``(A) issuing directives;
``(B) requiring more frequent oversight of the recipient by
a State safety oversight agency or the Secretary;
``(C) imposing more frequent reporting requirements; and
``(D) requiring that any Federal financial assistance
provided under this chapter be spent on correcting safety
deficiencies identified by the Secretary or the State safety
oversight agency before such funds are spent on other projects.
``(2) Use or withholding of funds.--
``(A) In general.--The Secretary may require the use of
funds in accordance with paragraph (1)(D) only if the Secretary
finds that a recipient is engaged in a pattern or practice of
serious safety violations or has otherwise refused to comply
with Federal law relating to the safety of the public
transportation system.
``(B) Notice.--Before withholding funds from a recipient,
the Secretary shall provide to the recipient--
``(i) written notice of a violation and the amount
proposed to be withheld; and
``(ii) a reasonable period of time within which the
recipient may address the violation or propose and initiate
an alternative means of compliance that the Secretary
determines is acceptable.
``(h) Cost-benefit Analysis.--
``(1) Analysis required.--In carrying out this section, the
Secretary shall take into consideration the costs and benefits of
each action the Secretary proposes to take under this section.
``(2) Waiver.--The Secretary may waive the requirement under
this subsection if the Secretary determines that such a waiver is
in the public interest.
``(i) Consultation by the Secretary of Homeland Security.--The
Secretary of Homeland Security shall consult with the Secretary of
Transportation before the Secretary of Homeland Security issues a rule
or order that the Secretary of Transportation determines affects the
safety of public transportation design, construction, or operations.
``(j) Actions Under State Law.--
``(1) Rule of construction.--Nothing in this section shall be
construed to preempt an action under State law seeking damages for
personal injury, death, or property damage alleging that a party
has failed to comply with--
``(A) a Federal standard of care established by a
regulation or order issued by the Secretary under this section;
or
``(B) its own program, rule, or standard that it created
pursuant to a rule or order issued by the Secretary.
``(2) Effective date.--This subsection shall apply to any cause
of action under State law arising from an event or activity
occurring on or after the date of enactment of the Federal Public
Transportation Act of 2012.
``(3) Jurisdiction.--Nothing in this section shall be construed
to create a cause of action under Federal law on behalf of an
injured party or confer Federal question jurisdiction for a State
law cause of action.
``(k) National Public Transportation Safety Report.--Not later than
3 years after the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that--
``(1) analyzes public transportation safety trends among the
States and documents the most effective safety programs implemented
using grants under this section; and
``(2) describes the effect on public transportation safety of
activities carried out using grants under this section.''.
(b) Bus Safety Study.--
(1) Definition.--In this subsection, the term ``highway route''
means a route where 50 percent or more of the route is on roads
having a speed limit of more than 45 miles per hour.
(2) Study.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(A) examines the safety of public transportation buses that
travel on highway routes;
(B) examines laws and regulations that apply to commercial
over-the-road buses; and
(C) makes recommendations as to whether additional safety
measures should be required for public transportation buses
that travel on highway routes.
SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 5331 of title 49, United States Code, is amended by
striking subsection (g) and inserting the following:
``(g) Conditions on Federal Assistance.--
``(1) Ineligibility for assistance.--A person that receives
funds under this chapter is not eligible for financial assistance
under section 5307, 5309, or 5311 of this title if the person is
required, under regulations the Secretary prescribes under this
section, to establish a program of alcohol and controlled
substances testing and does not establish the program in accordance
with this section.
``(2) Additional remedies.--If the Secretary determines that a
person that receives funds under this chapter is not in compliance
with regulations prescribed under this section, the Secretary may
bar the person from receiving Federal transit assistance in an
amount the Secretary considers appropriate.''.
SEC. 20023. NONDISCRIMINATION.
(a) Amendments.--Section 5332 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``creed'' and inserting ``religion''; and
(B) by inserting ``disability,'' after ``sex,''; and
(2) in subsection (d)(3), by striking ``and'' and inserting
``or''.
(b) Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United States
shall evaluate the progress and effectiveness of the Federal
Transit Administration in assisting recipients of assistance under
chapter 53 of title 49, United States Code, to comply with section
5332(b) of title 49, including--
(A) by reviewing discrimination complaints, reports, and
other relevant information collected or prepared by the Federal
Transit Administration or recipients of assistance from the
Federal Transit Administration pursuant to any applicable civil
rights statute, regulation, or other requirement; and
(B) by reviewing the process that the Federal Transit
Administration uses to resolve discrimination complaints filed
by members of the public.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report concerning the evaluation under paragraph
(1) that includes--
(A) a description of the ability of the Federal Transit
Administration to address discrimination and foster equal
opportunities in federally funded public transportation
projects, programs, and activities;
(B) recommendations for improvements if the Comptroller
General determines that improvements are necessary; and
(C) information upon which the evaluation under paragraph
(1) is based.
SEC. 20024. ADMINISTRATIVE PROVISIONS.
Section 5334 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by striking ``under sections 5307 and
5309-5311 of this title'' and inserting ``that receives Federal
financial assistance under this chapter'';
(2) in subsection (b)(1)--
(A) by inserting after ``emergency,'' the following: ``or
for purposes of establishing and enforcing a program to improve
the safety of public transportation systems in the United
States as described in section 5329,''; and
(B) by striking ``chapter, nor may the Secretary'' and
inserting ``chapter. The Secretary may not'';
(3) in subsection (c)(4), by striking ``section (except
subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b),
and 5325(f)'' and inserting ``subsection'';
(4) in subsection (h)(3), by striking ``another'' and inserting
``any other'';
(5) in subsection (i)(1), by striking ``title 23 shall'' and
inserting ``title 23 may'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) and (l) as subsections (j)
and (k), respectively.
SEC. 20025. NATIONAL TRANSIT DATABASE.
(a) Amendments.--Section 5335 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``public transportation
financial and operating information'' and inserting ``public
transportation financial, operating, and asset condition
information''; and
(2) by adding at the end the following:
``(c) Data Required to Be Reported.--The recipient of a grant under
this chapter shall report to the Secretary, for inclusion in the
National Transit Database, any information relating to a transit asset
inventory or condition assessment conducted by the recipient.''.
(b) Data Accuracy and Reliability.--The Secretary shall--
(1) develop and implement appropriate internal control
activities to ensure that public transportation safety incident
data is reported accurately and reliably by public transportation
systems and State safety oversight agencies to the State Safety
Oversight Rail Accident Database; and
(2) report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 1 year of
enactment of the Federal Public Transportation Act of 2012 on the
steps taken to improve the accuracy and reliability of public
transportation safety incident data reported to the State Safety
Oversight Rail Accident Database.
SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
Section 5336 of title 49, United States Code, is amended to read as
follows:
``Sec. 5336. Apportionment of appropriations for formula grants
``(a) Based on Urbanized Area Population.--Of the amount
apportioned under subsection (h)(4) to carry out section 5307--
``(1) 9.32 percent shall be apportioned each fiscal year only
in urbanized areas with a population of less than 200,000 so that
each of those areas is entitled to receive an amount equal to--
``(A) 50 percent of the total amount apportioned multiplied
by a ratio equal to the population of the area divided by the
total population of all urbanized areas with populations of
less than 200,000 as shown in the most recent decennial census;
and
``(B) 50 percent of the total amount apportioned multiplied
by a ratio for the area based on population weighted by a
factor, established by the Secretary, of the number of
inhabitants in each square mile; and
``(2) 90.68 percent shall be apportioned each fiscal year only
in urbanized areas with populations of at least 200,000 as provided
in subsections (b) and (c) of this section.
``(b) Based on Fixed Guideway Vehicle Revenue Miles, Directional
Route Miles, and Passenger Miles.--(1) In this subsection, `fixed
guideway vehicle revenue miles' and `fixed guideway directional route
miles' include passenger ferry operations directly or under contract by
the designated recipient.
``(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
``(A) 95.61 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
``(i) 60 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number of
fixed guideway vehicle revenue miles attributable to the area,
as established by the Secretary, divided by the total number of
all fixed guideway vehicle revenue miles attributable to all
areas; and
``(ii) 40 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number of
fixed guideway directional route miles attributable to the
area, established by the Secretary, divided by the total number
of all fixed guideway directional route miles attributable to
all areas.
An urbanized area with a population of at least 750,000 in which
commuter rail transportation is provided shall receive at least .75
percent of the total amount apportioned under this subparagraph.
``(B) 4.39 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
``(i) the number of fixed guideway vehicle passenger miles
traveled multiplied by the number of fixed guideway vehicle
passenger miles traveled for each dollar of operating cost in
an area; divided by
``(ii) the total number of fixed guideway vehicle passenger
miles traveled multiplied by the total number of fixed guideway
vehicle passenger miles traveled for each dollar of operating
cost in all areas.
An urbanized area with a population of at least 750,000 in which
commuter rail transportation is provided shall receive at least .75
percent of the total amount apportioned under this subparagraph.
``(C) Under subparagraph (A) of this paragraph, fixed guideway
vehicle revenue or directional route miles, and passengers served
on those miles, in an urbanized area with a population of less than
200,000, where the miles and passengers served otherwise would be
attributable to an urbanized area with a population of at least
1,000,000 in an adjacent State, are attributable to the
governmental authority in the State in which the urbanized area
with a population of less than 200,000 is located. The authority is
deemed an urbanized area with a population of at least 200,000 if
the authority makes a contract for the service.
``(D) A recipient's apportionment under subparagraph (A)(i) of
this paragraph may not be reduced if the recipient, after
satisfying the Secretary that energy or operating efficiencies
would be achieved, reduces vehicle revenue miles but provides the
same frequency of revenue service to the same number of riders.
``(E) For purposes of subparagraph (A) and section 5337(c)(3),
the Secretary shall deem to be attributable to an urbanized area
not less than 22.27 percent of the fixed guideway vehicle revenue
miles or fixed guideway directional route miles in the public
transportation system of a recipient that are located outside the
urbanized area for which the recipient receives funds, in addition
to the fixed guideway vehicle revenue miles or fixed guideway
directional route miles of the recipient that are located inside
the urbanized area.
``(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--Of
the amount apportioned under subsection (a)(2) of this section, 66.71
percent shall be apportioned as follows:
``(1) 90.8 percent of the total amount apportioned under this
subsection shall be apportioned as follows:
``(A) 73.39 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized area
with a population of at least 1,000,000 is entitled to receive
an amount equal to--
``(i) 50 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving
the urbanized area divided by the total bus vehicle revenue
miles attributable to all areas;
``(ii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of
all areas, as shown in the most recent decennial census;
and
``(iii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio for the area
based on population weighted by a factor, established by
the Secretary, of the number of inhabitants in each square
mile.
``(B) 26.61 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized area
with a population of at least 200,000 but not more than 999,999
is entitled to receive an amount equal to--
``(i) 50 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving
the urbanized area divided by the total bus vehicle revenue
miles attributable to all areas;
``(ii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of
all areas, as shown by the most recent decennial census;
and
``(iii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio for the area
based on population weighted by a factor, established by
the Secretary, of the number of inhabitants in each square
mile.
``(2) 9.2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
``(A) the number of bus passenger miles traveled multiplied
by the number of bus passenger miles traveled for each dollar
of operating cost in an area; divided by
``(B) the total number of bus passenger miles traveled
multiplied by the total number of bus passenger miles traveled
for each dollar of operating cost in all areas.
``(d) Date of Apportionment.--The Secretary shall--
``(1) apportion amounts appropriated under section
5338(a)(2)(C) of this title to carry out section 5307 of this title
not later than the 10th day after the date the amounts are
appropriated or October 1 of the fiscal year for which the amounts
are appropriated, whichever is later; and
``(2) publish apportionments of the amounts, including amounts
attributable to each urbanized area with a population of more than
50,000 and amounts attributable to each State of a multistate
urbanized area, on the apportionment date.
``(e) Amounts Not Apportioned to Designated Recipients.--The
Governor of a State may expend in an urbanized area with a population
of less than 200,000 an amount apportioned under this section that is
not apportioned to a designated recipient, as defined in section
5302(4).
``(f) Transfers of Apportionments.--(1) The Governor of a State may
transfer any part of the State's apportionment under subsection (a)(1)
of this section to supplement amounts apportioned to the State under
section 5311(c)(3). The Governor may make a transfer only after
consulting with responsible local officials and publicly owned
operators of public transportation in each area for which the amount
originally was apportioned under this section.
``(2) The Governor of a State may transfer any part of the State's
apportionment under section 5311(c)(3) to supplement amounts
apportioned to the State under subsection (a)(1) of this section.
``(3) The Governor of a State may use throughout the State amounts
of a State's apportionment remaining available for obligation at the
beginning of the 90-day period before the period of the availability of
the amounts expires.
``(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its apportionment
under this section to the Governor of a State. The Governor shall
distribute the transferred amounts to urbanized areas under this
section.
``(5) Capital and operating assistance limitations applicable to
the original apportionment apply to amounts transferred under this
subsection.
``(g) Period of Availability to Recipients.--An amount apportioned
under this section may be obligated by the recipient for 5 years after
the fiscal year in which the amount is apportioned. Not later than 30
days after the end of the 5-year period, an amount that is not
obligated at the end of that period shall be added to the amount that
may be apportioned under this section in the next fiscal year.
``(h) Apportionments.--Of the amounts made available for each
fiscal year under section 5338(a)(2)(C)--
``(1) $30,000,000 shall be set aside to carry out section
5307(h);
``(2) 3.07 percent shall be apportioned to urbanized areas in
accordance with subsection (j);
``(3) of amounts not apportioned under paragraphs (1) and (2),
1.5 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection (i);
``(4) 0.5 percent shall be apportioned to eligible States for
State safety oversight program grants in accordance with section
5329(e)(6); and
``(5) any amount not apportioned under paragraphs (1), (2),
(3), and (4) shall be apportioned to urbanized areas in accordance
with subsections (a) through (c).
``(i) Small Transit Intensive Cities Formula.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible area.--The term `eligible area' means an
urbanized area with a population of less than 200,000 that
meets or exceeds in one or more performance categories the
industry average for all urbanized areas with a population of
at least 200,000 but not more than 999,999, as determined by
the Secretary in accordance with subsection (c)(2).
``(B) Performance category.--The term `performance
category' means each of the following:
``(i) Passenger miles traveled per vehicle revenue
mile.
``(ii) Passenger miles traveled per vehicle revenue
hour.
``(iii) Vehicle revenue miles per capita.
``(iv) Vehicle revenue hours per capita.
``(v) Passenger miles traveled per capita.
``(vi) Passengers per capita.
``(2) Apportionment.--
``(A) Apportionment formula.--The amount to be apportioned
under subsection (h)(3) shall be apportioned among eligible
areas in the ratio that--
``(i) the number of performance categories for which
each eligible area meets or exceeds the industry average in
urbanized areas with a population of at least 200,000 but
not more than 999,999; bears to
``(ii) the aggregate number of performance categories
for which all eligible areas meet or exceed the industry
average in urbanized areas with a population of at least
200,000 but not more than 999,999.
``(B) Data used in formula.--The Secretary shall calculate
apportionments under this subsection for a fiscal year using
data from the national transit database used to calculate
apportionments for that fiscal year under this section.
``(j) Apportionment Formula.--The amounts apportioned under
subsection (h)(2) shall be apportioned among urbanized areas as
follows:
``(1) 75 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of
200,000 or more in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.
``(2) 25 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of less
than 200,000 in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.''.
SEC. 20027. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended to read as
follows:
``Sec. 5337. State of good repair grants
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Fixed guideway.--The term `fixed guideway' means a public
transportation facility--
``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(2) State.--The term `State' means the 50 States, the
District of Columbia, and Puerto Rico.
``(3) State of good repair.--The term `state of good repair'
has the meaning given that term by the Secretary, by rule, under
section 5326(b).
``(4) Transit asset management plan.--The term `transit asset
management plan' means a plan developed by a recipient of funding
under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies that the recipient complies
with the rule issued under section 5326(d).
``(b) General Authority.--
``(1) Eligible projects.--The Secretary may make grants under
this section to assist State and local governmental authorities in
financing capital projects to maintain public transportation
systems in a state of good repair, including projects to replace
and rehabilitate--
``(A) rolling stock;
``(B) track;
``(C) line equipment and structures;
``(D) signals and communications;
``(E) power equipment and substations;
``(F) passenger stations and terminals;
``(G) security equipment and systems;
``(H) maintenance facilities and equipment;
``(I) operational support equipment, including computer
hardware and software;
``(J) development and implementation of a transit asset
management plan; and
``(K) other replacement and rehabilitation projects the
Secretary determines appropriate.
``(2) Inclusion in plan.--A recipient shall include a project
carried out under paragraph (1) in the transit asset management
plan of the recipient upon completion of the plan.
``(c) High Intensity Fixed Guideway State of Good Repair Formula.--
``(1) In general.--Of the amount authorized or made available
under section 5338(a)(2)(I), 97.15 percent shall be apportioned to
recipients in accordance with this subsection.
``(2) Area share.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned for fixed guideway systems
in accordance with this paragraph.
``(B) Share.--A recipient shall receive an amount equal to
the amount described in subparagraph (A), multiplied by the
amount the recipient would have received under this section, as
in effect for fiscal year 2011, if the amount had been
calculated in accordance with section 5336(b)(1) and using the
definition of the term `fixed guideway' under subsection (a) of
this section, as such sections are in effect on the day after
the date of enactment of the Federal Public Transportation Act
of 2012, and divided by the total amount apportioned for all
areas under this section for fiscal year 2011.
``(C) Recipient.--For purposes of this paragraph, the term
`recipient' means an entity that received funding under this
section, as in effect for fiscal year 2011.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned to recipients in accordance
with this paragraph.
``(B) Vehicle revenue miles.--A recipient in an urbanized
area shall receive an amount equal to 60 percent of the amount
described in subparagraph (A), multiplied by the number of
fixed guideway vehicle revenue miles attributable to the
urbanized area, as established by the Secretary, divided by the
total number of all fixed guideway vehicle revenue miles
attributable to all urbanized areas.
``(C) Directional route miles.--A recipient in an urbanized
area shall receive an amount equal to 40 percent of the amount
described in subparagraph (A), multiplied by the number of
fixed guideway directional route miles attributable to the
urbanized area, as established by the Secretary, divided by the
total number of all fixed guideway directional route miles
attributable to all urbanized areas.
``(4) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
the share of the total amount apportioned under this subsection
that is apportioned to an area under this subsection shall not
decrease by more than 0.25 percentage points compared to the
share apportioned to the area under this subsection in the
previous fiscal year.
``(B) Special rule for fiscal year 2013.--In fiscal year
2013, the share of the total amount apportioned under this
subsection that is apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage points compared
to the share that would have been apportioned to the area under
this section, as in effect for fiscal year 2011, if the share
had been calculated using the definition of the term `fixed
guideway' under subsection (a) of this section, as in effect on
the day after the date of enactment of the Federal Public
Transportation Act of 2012.
``(5) Use of funds.--Amounts made available under this
subsection shall be available for the exclusive use of fixed
guideway projects.
``(6) Receiving apportionment.--
``(A) In general.--Except as provided in subparagraph (B),
for an area with a fixed guideway system, the amounts provided
under this subsection shall be apportioned to the designated
recipient for the urbanized area in which the system operates.
``(B) Exception.--An area described in the amendment made
by section 3028(a) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 112 Stat. 366) shall receive
an individual apportionment under this subsection.
``(7) Apportionment requirements.--For purposes of determining
the number of fixed guideway vehicle revenue miles or fixed
guideway directional route miles attributable to an urbanized area
for a fiscal year under this subsection, only segments of fixed
guideway systems placed in revenue service not later than 7 years
before the first day of the fiscal year shall be deemed to be
attributable to an urbanized area.
``(d) High Intensity Motorbus State of Good Repair.--
``(1) Definition.--For purposes of this subsection, the term
`high intensity motorbus' means public transportation that is
provided on a facility with access for other high-occupancy
vehicles.
``(2) Apportionment.--Of the amount authorized or made
available under section 5338(a)(2)(I), 2.85 percent shall be
apportioned to urbanized areas for high intensity motorbus state of
good repair in accordance with this subsection.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--The amount described in paragraph (2)
shall be apportioned to each area in accordance with this
paragraph.
``(B) Vehicle revenue miles.--Each area shall receive an
amount equal to 60 percent of the amount described in
subparagraph (A), multiplied by the number of high intensity
motorbus vehicle revenue miles attributable to the area, as
established by the Secretary, divided by the total number of
all high intensity motorbus vehicle revenue miles attributable
to all areas.
``(C) Directional route miles.--Each area shall receive an
amount equal to 40 percent of the amount described in
subparagraph (A), multiplied by the number of high intensity
motorbus directional route miles attributable to the area, as
established by the Secretary, divided by the total number of
all high intensity motorbus directional route miles
attributable to all areas.
``(4) Apportionment requirements.--For purposes of determining
the number of high intensity motorbus vehicle revenue miles or high
intensity motorbus directional route miles attributable to an
urbanized area for a fiscal year under this subsection, only
segments of high intensity motorbus systems placed in revenue
service not later than 7 years before the first day of the fiscal
year shall be deemed to be attributable to an urbanized area.''.
SEC. 20028. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340,
and section 20005(b) of the Federal Public Transportation Act of
2012, $8,478,000,000 for fiscal year 2013 and $8,595,000,000 for
fiscal year 2014.
``(2) Allocation of funds.--Of the amounts made available under
paragraph (1)--
``(A) $126,900,000 for fiscal year 2013 and $128,800,000
for fiscal year 2014 shall be available to carry out section
5305;
``(B) $10,000,000 for each of fiscal years 2013 and 2014
shall be available to carry out section 20005(b) of the Federal
Public Transportation Act of 2012;
``(C) $4,397,950,000 for fiscal year 2013 and
$4,458,650,000 for fiscal year 2014 shall be allocated in
accordance with section 5336 to provide financial assistance
for urbanized areas under section 5307;
``(D) $254,800,000 for fiscal year 2013 and $258,300,000
for fiscal year 2014 shall be available to provide financial
assistance for services for the enhanced mobility of seniors
and individuals with disabilities under section 5310;
``(E) $599,500,000 for fiscal year 2013 and $607,800,000
for fiscal year 2014 shall be available to provide financial
assistance for rural areas under section 5311, of which not
less than $30,000,000 for fiscal year 2013 and $30,000,000 for
fiscal year 2014 shall be available to carry out section
5311(c)(1) and $20,000,000 for fiscal year 2013 and $20,000,000
for fiscal year 2014 shall be available to carry out section
5311(c)(2);
``(F) $3,000,000 for each of fiscal years 2013 and 2014
shall be available for bus testing under section 5318;
``(G) $5,000,000 for each of fiscal years 2013 and 2014
shall be available for the national transit institute under
section 5322(d);
``(H) $3,850,000 for each of fiscal years 2013 and 2014
shall be available to carry out section 5335;
``(I) $2,136,300,000 for fiscal year 2013 and
$2,165,900,000 for fiscal year 2014 shall be available to carry
out section 5337;
``(J) $422,000,000 for fiscal year 2013 and $427,800,000
for fiscal year 2014 shall be available for the bus and bus
facilities program under section 5339; and
``(K) $518,700,000 for fiscal year 2013 and $525,900,000
for fiscal year 2014 shall be allocated in accordance with
section 5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section 5311.
``(b) Research, Development Demonstration and Deployment
Projects.--There are authorized to be appropriated to carry out section
5312, $70,000,000 for fiscal year 2013 and $70,000,000 for fiscal year
2014.
``(c) Transit Cooperative Research Program.--There are authorized
to be appropriated to carry out section 5313, $7,000,000 for fiscal
year 2013 and $7,000,000 for fiscal year 2014.
``(d) Technical Assistance and Standards Development.--There are
authorized to be appropriated to carry out section 5314, $7,000,000 for
fiscal year 2013 and $7,000,000 for fiscal year 2014.
``(e) Human Resources and Training.--There are authorized to be
appropriated to carry out subsections (a), (b), (c), and (e) of section
5322, $5,000,000 for fiscal year 2013 and $5,000,000 for fiscal year
2014.
``(f) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section 5324.
``(g) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309, $1,907,000,000 for fiscal year
2013 and $1,907,000,000 for fiscal year 2014.
``(h) Administration.--
``(1) In general.--There are authorized to be appropriated to
carry out section 5334, $104,000,000 for fiscal year 2013 and
$104,000,000 for fiscal year 2014.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $5,000,000 shall be
available to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $1,000,000 shall be available to carry
out section 5326.
``(i) Oversight.--
``(1) In general.--Of the amounts made available to carry out
this chapter for a fiscal year, the Secretary may use not more than
the following amounts for the activities described in paragraph
(2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 0.75 percent of amounts made available to carry out
section 5337(c).
``(2) Activities.--The activities described in this paragraph
are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance of
a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay the
entire cost of carrying out a contract under this subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any project
under a full funding grant agreement.
``(j) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the Highway
Trust Fund pursuant to this section is a contractual obligation of
the Government to pay the Government share of the cost of the
project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the General Fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the project
only to the extent that amounts are appropriated for such purpose
by an Act of Congress.
``(k) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 20029. BUS AND BUS FACILITIES FORMULA GRANTS.
(a) In General.--Section 5339 of title 49, United States Code, is
amended to read as follows:
``Sec. 5339. Bus and bus facilities formula grants
``(a) General Authority.--The Secretary may make grants under this
section to assist eligible recipients described in subsection (c)(1) in
financing capital projects--
``(1) to replace, rehabilitate, and purchase buses and related
equipment; and
``(2) to construct bus-related facilities.
``(b) Grant Requirements.--The requirements of section 5307 apply
to recipients of grants made under this section.
``(c) Eligible Recipients and Subrecipients.--
``(1) Recipients.--Eligible recipients under this section are
designated recipients that operate fixed route bus service or that
allocate funding to fixed route bus operators.
``(2) Subrecipients.--A designated recipient that receives a
grant under this section may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
``(d) Distribution of Grant Funds.--Funds allocated under section
5338(a)(2)(J) shall be distributed as follows:
``(1) National distribution.--$65,500,000 shall be allocated to
all States and territories, with each State receiving $1,250,000
and each territory receiving $500,000.
``(2) Distribution using population and service factors.--The
remainder of the funds not otherwise distributed under paragraph
(1) shall be allocated pursuant to the formula set forth in section
5336 other than subsection (b).
``(e) Transfers of Apportionments.--
``(1) Transfer flexibility for national distribution funds.--
The Governor of a State may transfer any part of the State's
apportionment under subsection (d)(1) to supplement amounts
apportioned to the State under section 5311(c) of this title or
amounts apportioned to urbanized areas under subsections (a) and
(c) of section 5336 of this title.
``(2) Transfer flexibility for population and service factors
funds.--The Governor of a State may expend in an urbanized area
with a population of less than 200,000 any amounts apportioned
under subsection (d)(2) that are not allocated to designated
recipients in urbanized areas with a population of 200,000 or more.
``(f) Government's Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net capital costs of
the project. A recipient of a grant under this section may provide
additional local matching amounts.
``(2) Remaining costs.--The remainder of the net project cost
shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues derived from the sale of advertising
and concessions;
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital; or
``(D) from amounts received under a service agreement with
a State or local social service agency or private social
service organization.
``(g) Period of Availability to Recipients.--Amounts made available
under this section may be obligated by a recipient for 3 years after
the fiscal year in which the amount is apportioned. Not later than 30
days after the end of the 3-year period described in the preceding
sentence, any amount that is not obligated on the last day of that
period shall be added to the amount that may be apportioned under this
section in the next fiscal year.
``(h) Definitions.--For purposes of this section:
``(1) The term `State' means a State of the United States.
``(2) The term `territory' means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American Samoa,
and the United States Virgin Islands.''.
SEC. 20030. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 5305.--Section 5305 of title 49, United States Code, is
amended--
(1) in subsection (e)(1)(A), by striking ``sections 5304, 5306,
5315, and 5322'' and inserting ``section 5304 and 5306'';
(2) in subsection (f)--
(A) in the heading, by striking ``Government's'' and
inserting ``Government''; and
(B) by striking ``Government's'' and inserting
``Government''; and
(3) in subsection (g), by striking ``section 5338(c) for fiscal
years 2005 through 2012'' and inserting ``section 5338(a)(2)(A) for
a fiscal year''.
(b) Section 5313.--Section 5313(a) of title 49, United States Code,
is amended--
(1) in the first sentence, by striking ``subsections
(a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting section
``5338(c)''; and
(2) in the second sentence, by striking ``of Transportation''.
(c) Section 5319.--Section 5319 of title 49, United States Code, is
amended, in the second sentence--
(1) by striking ``sections 5307(e), 5309(h), and 5311(g) of
this title'' and inserting ``sections 5307(d), 5309(l), and
5311(g)''; and
(2) by striking ``of the United States'' and inserting ``made
by the''.
(d) Section 5325.--Section 5325(b)(2)(A) of title 49, United States
Code, is amended by striking ``title 48, Code of Federal Regulations
(commonly known as the Federal Acquisition Regulation)'' and inserting
``the Federal Acquisition Regulation, or any successor thereto''.
(e) Section 5330.--Effective 3 years after the effective date of
the final rules issued by the Secretary of Transportation under section
5329(e) of title 49, United States Code, as amended by this division,
section 5330 of title 49, United States Code, is repealed.
(f) Section 5331.--Section 5331 of title 49, United States Code, is
amended by striking ``Secretary of Transportation'' each place that
term appears and inserting ``Secretary''.
(g) Section 5332.--Section 5332(c)(1) of title 49, United States
Code, is amended by striking ``of Transportation''.
(h) Section 5333.--Section 5333(a) of title 49, United States Code,
is amended by striking ``sections 3141-3144'' and inserting ``sections
3141 through 3144''.
(i) Section 5334.--Section 5334 of title 49, United States Code, is
amended--
(1) in subsection (c)--
(A) by striking ``Secretary of Transportation'' each place
that term appears and inserting ``Secretary''; and
(B) in paragraph (1), by striking ``Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Appropriations of the Senate''
and inserting ``Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives'';
(2) in subsection (d), by striking ``of Transportation'';
(3) in subsection (e), by striking ``of Transportation'';
(4) in subsection (f), by striking ``of Transportation'';
(5) in subsection (g), in the matter preceding paragraph (1)--
(A) by striking ``of Transportation''; and
(B) by striking ``subsection (a)(3) or (4) of this
section'' and inserting ``paragraph (3) or (4) of subsection
(a)'';
(6) in subsection (h)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of Transportation''; and
(B) in paragraph (2), by striking ``of this section'';
(7) in subsection (i)(1), by striking ``of Transportation'';
and
(8) in subsection (j), as so redesignated by section 20025 of
this division, by striking ``Committees on Banking, Housing, and
Urban Affairs and Appropriations of the Senate and Committees on
Transportation and Infrastructure and Appropriations of the House
of Representatives'' and inserting ``Committee on Banking, Housing,
and Urban Affairs and the Committee on Appropriations of the Senate
and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives''.
(j) Section 5335.--Section 5335(a) of title 49, United States Code,
is amended by striking ``of Transportation''.
(k) Analysis.--The analysis for chapter 53 of title 49, United
States Code, is amended to read as follows:
``Sec.
``5301. Policies and purposes.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Private enterprise participation in metropolitan planning and
transportation improvement programs and relationship to other
limitations.
``5307. Urbanized area formula grants.
``[5308. Repealed.]
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities.
``5311. Formula grants for rural areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. Private sector participation.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facility.
``5319. Bicycle facilities.
``[5320.Repealed.]
``5321. Crime prevention and security.
``5322. Human resources and training.
``5323. General provisions.
``5324. Public transportation emergency relief program.
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``5339. Bus and bus facilities formula grants.
``5340. Apportionments based on growing States and high density States
formula factors.''.
DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012
SEC. 31001. SHORT TITLE.
This title may be cited as the ``Motor Vehicle and Highway Safety
Improvement Act of 2012'' or ``Mariah's Act''.
SEC. 31002. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of
Transportation.
Subtitle A--Highway Safety
SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402 of
title 23, United States Code--
(A) $235,000,000 for fiscal year 2013; and
(B) $235,000,000 for fiscal year 2014.
(2) Highway safety research and development.--For carrying out
section 403 of title 23, United States Code--
(A) $110,500,000 for fiscal year 2013; and
(B) $113,500,000 for fiscal year 2014.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $265,000,000 for fiscal year 2013; and
(B) $272,000,000 for fiscal year 2014.
(4) National driver register.--For the National Highway Traffic
Safety Administration to carry out chapter 303 of title 49, United
States Code--
(A) $5,000,000 for fiscal year 2013; and
(B) $5,000,000 for fiscal year 2014.
(5) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
(A) $29,000,000 for fiscal year 2013; and
(B) $29,000,00